MT in Florida said: “Not to bore you all with the fine details, but yes you guessed it Saxon is trying to steal my home also. but i am fighting back. on June 2, 2009 as a ProSe Filer I file a multi cause complaint in Florida against Saxon, NovaStar and the trustee the causes are as follows:
2 counts of Defamation
3 counts of Violation of the FCRA
1 count Breach of Contract
5 counts of Fraud
1 count of Harrassment and Infliction of Mental Distress
2 counts of Tortious Interference with Contractual Relations
Just as i suspected, Saxon as they do with everything, Ignored the complaint, so therefore i request the clerk to default Saxon as she did. When i file my motion for a default judgement for 500K in damages and 2M in punitive damages. Saxon filed a Motion to set aside default with the arguement of “Excusable Neglect” As that is acceptable in Florida Rules of Civil Procedures.
I am currently writing my objection to this motion and i have a very strong argument that it is not Excusable Neglect but more a company policy to ignore all complaints and issues. This is clearly Gross Neglect.
I am looking for an ace in the hole so to speak. I am seeking affidavits from people that have experiance the “Ignore Policy”
I only have a few days left before i have to file my objection. so if you would like to help us prove our case please send me an email at Mtomlin908@aol.com”
Editor’s Note: Excusable Neglect is defined as a legitimate excuse for the failure of a party or his/her lawyer to take required action (like filing an answer to a complaint) on time. This is usually claimed to set aside a default judgment for failure to answer (or otherwise respond) in the period set by law. Illness, press of business by the lawyer (but not necessarily the defendant), or an understandable oversight by the lawyer’s staff (“just blame the secretary”) are common excuses which the courts will often accept. However, if the defendant loses the complaint or fails to call his/her attorney the courts will be less lenient. In any event, the defendant must also show he/she had some worthwhile defense. (props to Legal-Explanations.com)