Preview
Filing # 148276920 E-Filed 04/25/2022 09:20:57 AM
MLG - 4555118 IN THE COUNTY COURT OF THE
SIXTEENTH JUDICIAL CIRCUIT IN
AND FOR MONROE COUNTY,
FLORIDA
SMALL CLAIMS DIVISION
CASE NO.________________________
RESURGENT RECEIVABLES LLC
Plaintiff,
NOTICE TO APPEAR FOR
vs. PRE TRIAL CONFERENCE
MEDIATION
HIRAN MACHADO
Defendant.
___________________________/
STATE OF FLORIDA - NOTICE TO PLAINTIFF(S) AND DEFENDANT(S)
HIRAN MACHADO: 1909 VENETIA ST, APT 214, KEY WEST, FL 33040-5558
YOU ARE HEREBY NOTIFIED that you are required to appear in person or by attorney at the
________________ in Courtroom #_____, located at ______________________________ on the _____
day of _______________ 20____ at ____ __.m. for a PRETRIAL CONFERENCE before a judge of this
court.
IMPORTANT – READ CAREFULLY
THE CASE WILL NOT BE TRIED AT THAT TIME PRETRIAL CONFERENCE
BUT MAY BE MEDIATED AT THAT TIME.
DO NOT BRING WITNESSES – APPEAR IN PERSON OR BY ATTORNEY
WHOEVER APPEARS FOR A PARTY MUST HAVE FULL AUTHORITY TO SETTLE FOR
ALL AMOUNTS FROM ZERO TO THE AMOUNT OF THE CLAIM WITHOUT FURTHER
CONSULTATION. FAILURE TO COMPLY MAY RESULT IN THE IMPOSITION OF
SANCTIONS, INCLUDING COSTS, ATTORNEY FEES, ENTRY OF JUDGMENT, OR
DISMISSAL.
The defendant(s) must appear in court on the date specified in order to avoid a default judgment. The
plaintiff(s) must appear to avoid having the case dismissed for lack of prosecution. A written MOTION
or ANSWER to the court by the plaintiff(s) or the defendant(s) shall not excuse the personal appearance
of a party or its attorney in the PRETRIAL CONFERENCE/MEDIATION. The date and time of the
pretrial conference CANNOT be rescheduled without good cause and prior court approval.
A corporation may be represented at any stage of the trial court proceedings by an officer of the
corporation or any employee authorized in writing by an officer of the corporation. Written authorization
must be brought to the Pretrial Conference/Mediation.
(CONTINUED ON NEXT PAGE)
*CU0004555118*
4/25/2022 9:20 AM eFiled - Kevin Madok, CPA, Clerk of the Court Page 1
The purpose of the pretrial conference is to record your appearance, to determine if you admit all or part
of the claim, to enable the court to determine the nature of the case, and to set the case for trial if the case
cannot be resolved at the pretrial conference. You or your attorney should be prepared to confer with the
court and to explain briefly the nature of your dispute, state what efforts have been made to settle the
dispute, exhibit any documents necessary to prove the case, state the names and addresses of your
witnesses, stipulate to the facts that will require no proof and will expedite the trial, and estimate how
long it will take to try the case.
Mediation
Mediation may take place during the time scheduled for the pretrial conference. Mediation is a process
whereby an impartial and neutral third person called a mediator acts to encourage and facilitate the
resolution of a dispute between two or more parties, without prescribing what the resolution should be. It
is an informal and non-adversarial process with the objective of helping the disputing parties reach a
mutually acceptable and voluntary agreement.
In mediation, decision making rests with parties. Negotiations in county court mediation are primarily
conducted by the parties. Counsel for each party may participate. However, presence of counsel is not
required. If a full agreement is not reached at mediation, the remaining issues of the case will be set for
trial. Mediation communications are confidential and privileged except where disclosures are required or
permitted by law.
If you admit the claim, but desire additional time to pay, you must come and state the circumstances to
the court. The court may or may not approve a payment plan and withhold judgment or execution or
levy.
RIGHT TO VENUE. The law gives the person or company who has sued you the right to file in
any one of several places as listed below. However, if you have been sued in any place other than
one of these places, you, the defendant(s), have the right to request that the case be moved to a
proper location or venue. A proper location or venue may be one of the following:
1. Where the contract was entered into;
2. If suit is on an unsecured promissory note, where note is signed or where maker resides;
3. If the suit is to recover property or to foreclose a lien, where the property is located;
4. Where the event giving rise to the suit occurred;
5. Where any one or more of the defendant(s) sued resides;
6. Any location agreed to in a contract;
7. In an action for money due, if there is no agreement as to where suit may be filed, where
payment is to be made.
If you, as a defendant(s), believe the plaintiff(s) has/have not sued in one of these correct places, you must
appear on your court date and orally request a transfer, or you may file a WRITTEN request for transfer,
in affidavit form (sworn to under oath) with the court seven days prior to your first court date and send a
copy to the plaintiff(s) or plaintiff’s(s’) attorney, if any.
A copy of the statement of claim shall be served with this summons.
4/25/2022 9:20 AM eFiled - Kevin Madok, CPA, Clerk of the Court Page 2
Dated at ____________, Florida, on
____________, 20______.
By: _________________________________
As Clerk of the County Court
(SEAL)
If you are a person with a disability who needs any accommodation in order
to participate in a court proceeding or event, you are entitled, at no cost to
you, to the provision of certain assistance. Please contact Cheryl Alfonso,
ADA Coordinator, 302 Fleming Street, Key West, Florida, 33040; (305) 292-
3423, at least 7 days before your scheduled court appearance, or immediately
upon receiving this notification if the time before the scheduled appearance is
less than 7 days: if you are hearing or voice impaired call 711.
4/25/2022 9:20 AM eFiled - Kevin Madok, CPA, Clerk of the Court Page 3
Preview
Filing # 148276920 E-Filed 04/25/2022 09:20:57 AM MLG - 4555118 IN THE COUNTY COURT OF THE SIXTEENTH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA SMALL CLAIMS DIVISION CASE NO.________________________ RESURGENT RECEIVABLES LLC Plaintiff, NOTICE TO APPEAR FOR vs. PRE TRIAL CONFERENCE MEDIATION HIRAN MACHADO Defendant. ___________________________/ STATE OF FLORIDA - NOTICE TO PLAINTIFF(S) AND DEFENDANT(S) HIRAN MACHADO: 1909 VENETIA ST, APT 214, KEY WEST, FL 33040-5558 YOU ARE HEREBY NOTIFIED that you are required to appear in person or by attorney at the ________________ in Courtroom #_____, located at ______________________________ on the _____ day of _______________ 20____ at ____ __.m. for a PRETRIAL CONFERENCE before a judge of this court. IMPORTANT – READ CAREFULLY THE CASE WILL NOT BE TRIED AT THAT TIME PRETRIAL CONFERENCE BUT MAY BE MEDIATED AT THAT TIME. DO NOT BRING WITNESSES – APPEAR IN PERSON OR BY ATTORNEY WHOEVER APPEARS FOR A PARTY MUST HAVE FULL AUTHORITY TO SETTLE FOR ALL AMOUNTS FROM ZERO TO THE AMOUNT OF THE CLAIM WITHOUT FURTHER CONSULTATION. FAILURE TO COMPLY MAY RESULT IN THE IMPOSITION OF SANCTIONS, INCLUDING COSTS, ATTORNEY FEES, ENTRY OF JUDGMENT, OR DISMISSAL. The defendant(s) must appear in court on the date specified in order to avoid a default judgment. The plaintiff(s) must appear to avoid having the case dismissed for lack of prosecution. A written MOTION or ANSWER to the court by the plaintiff(s) or the defendant(s) shall not excuse the personal appearance of a party or its attorney in the PRETRIAL CONFERENCE/MEDIATION. The date and time of the pretrial conference CANNOT be rescheduled without good cause and prior court approval. A corporation may be represented at any stage of the trial court proceedings by an officer of the corporation or any employee authorized in writing by an officer of the corporation. Written authorization must be brought to the Pretrial Conference/Mediation. (CONTINUED ON NEXT PAGE) *CU0004555118* 4/25/2022 9:20 AM eFiled - Kevin Madok, CPA, Clerk of the Court Page 1 The purpose of the pretrial conference is to record your appearance, to determine if you admit all or part of the claim, to enable the court to determine the nature of the case, and to set the case for trial if the case cannot be resolved at the pretrial conference. You or your attorney should be prepared to confer with the court and to explain briefly the nature of your dispute, state what efforts have been made to settle the dispute, exhibit any documents necessary to prove the case, state the names and addresses of your witnesses, stipulate to the facts that will require no proof and will expedite the trial, and estimate how long it will take to try the case. Mediation Mediation may take place during the time scheduled for the pretrial conference. Mediation is a process whereby an impartial and neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties, without prescribing what the resolution should be. It is an informal and non-adversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decision making rests with parties. Negotiations in county court mediation are primarily conducted by the parties. Counsel for each party may participate. However, presence of counsel is not required. If a full agreement is not reached at mediation, the remaining issues of the case will be set for trial. Mediation communications are confidential and privileged except where disclosures are required or permitted by law. If you admit the claim, but desire additional time to pay, you must come and state the circumstances to the court. The court may or may not approve a payment plan and withhold judgment or execution or levy. RIGHT TO VENUE. The law gives the person or company who has sued you the right to file in any one of several places as listed below. However, if you have been sued in any place other than one of these places, you, the defendant(s), have the right to request that the case be moved to a proper location or venue. A proper location or venue may be one of the following: 1. Where the contract was entered into; 2. If suit is on an unsecured promissory note, where note is signed or where maker resides; 3. If the suit is to recover property or to foreclose a lien, where the property is located; 4. Where the event giving rise to the suit occurred; 5. Where any one or more of the defendant(s) sued resides; 6. Any location agreed to in a contract; 7. In an action for money due, if there is no agreement as to where suit may be filed, where payment is to be made. If you, as a defendant(s), believe the plaintiff(s) has/have not sued in one of these correct places, you must appear on your court date and orally request a transfer, or you may file a WRITTEN request for transfer, in affidavit form (sworn to under oath) with the court seven days prior to your first court date and send a copy to the plaintiff(s) or plaintiff’s(s’) attorney, if any. A copy of the statement of claim shall be served with this summons. 4/25/2022 9:20 AM eFiled - Kevin Madok, CPA, Clerk of the Court Page 2 Dated at ____________, Florida, on ____________, 20______. By: _________________________________ As Clerk of the County Court (SEAL) If you are a person with a disability who needs any accommodation in order to participate in a court proceeding or event, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Cheryl Alfonso, ADA Coordinator, 302 Fleming Street, Key West, Florida, 33040; (305) 292- 3423, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days: if you are hearing or voice impaired call 711. 4/25/2022 9:20 AM eFiled - Kevin Madok, CPA, Clerk of the Court Page 3