The Results of My Mediation

Well, I went to mediation today and actually learned a lot. This was Pre-Trial Mediation on a credit card account. I'm in Florida so if you're in Florida, pay attention. I took a DV letter that had been sent certified mail to the attorney and unanswered. I also challenged the SOL stating that, in Florida, An Open Account (credit card)has an SOL of 4 years. In BOTH instances, the Mediator said he could not even allow any of it in mediation. That if I wanted to argue SOL and DV letters, the mediation would end and he would set a court date. In other words, Florida will NOT entertain any discussion of DV letters and SOL in a mediation session. I was told by the mediator that SOL's can be "fluid" meaning it's up to "court interpretation". An unanswered DV letter is also a court issue, not a mediation issue. I do not want to pursue this in court at the risk of more legal fees and absurd interest rates. We "settled" at half the amount with payments. Attorney must send letter of settlement. This was in lieu of judgement. Basically, we agreed to settle out of court for half the amount due. Original amount was claimed at $7900 and reduced to $3950 with minimum $100/month payments. Payments are distributed first to the court for costs, then to the principal, then to interest, then to attorney fees, which were waived. This was better than the demands of $7900 from the CA who would not budge off the $7900.

Point of all this....if you live in Florida, watch out for DV's and the SOL if you are just in mediation. If you are actually going to court...toss the dice and fight them. I chose not to go to court. Another point that is stressed all over this forum. MAKE SURE you respond with DV letters in a TIMELY manner. If you get a summons for Pre-Trial, in this state you have 20 DAYS to respond to the Clerk of Courts and 30 DAYS to respond to the Plaintiff to dispute or validate. NO LONGER. It doesn't matter if the Summons says you don't have to respond in writing as mine did. Respond anyway and go on record that you have a DV out to the Plaintiff and show proof (certified). And yes, bring the green card (return receipt) with you to mediation. At least in Florida, there is a HUGE difference in how all this works that depends on if you are going to mediation or actually going to court. Mediation is not court. Hope all this is helpful.