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  • PORTFOLIO RECOVERY ASSOCIATES LLC vs. PEREZ, IVIS T SMALL CLAIMS $2,500.01-$5,000 document preview
  • PORTFOLIO RECOVERY ASSOCIATES LLC vs. PEREZ, IVIS T SMALL CLAIMS $2,500.01-$5,000 document preview
  • PORTFOLIO RECOVERY ASSOCIATES LLC vs. PEREZ, IVIS T SMALL CLAIMS $2,500.01-$5,000 document preview
  • PORTFOLIO RECOVERY ASSOCIATES LLC vs. PEREZ, IVIS T SMALL CLAIMS $2,500.01-$5,000 document preview
  • PORTFOLIO RECOVERY ASSOCIATES LLC vs. PEREZ, IVIS T SMALL CLAIMS $2,500.01-$5,000 document preview
  • PORTFOLIO RECOVERY ASSOCIATES LLC vs. PEREZ, IVIS T SMALL CLAIMS $2,500.01-$5,000 document preview
  • PORTFOLIO RECOVERY ASSOCIATES LLC vs. PEREZ, IVIS T SMALL CLAIMS $2,500.01-$5,000 document preview
  • PORTFOLIO RECOVERY ASSOCIATES LLC vs. PEREZ, IVIS T SMALL CLAIMS $2,500.01-$5,000 document preview
						
                                

Preview

NOTICE TO APPEAR FOR VIRTUAL PRE-TRIAL CONFERENCE/MEDIATION IN THE COUNTY COURT FOR THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO.: 2021 SC 004623 SP PORTFOLIO RECOVERY ASSOCIATES LLC VS. IVIS T PEREZ THE STATE OF FLORIDA TO: ELECTRONICALLY FILED IVIS T PEREZ IN OSCEOLA COUNTY, FLORIDA 2384 AURORA CT DATE: 08-30-2021 KISSIMMEE, FL 34744-3800 PLEASE BE ADVISED that the above-named Plaintiff has made claim and is requesting judgment against you in the sum of $3,547.13 as shown by the Statement of Claim attached, together with $310.00 filing fees plus service fees to date. YOU ARE HEREBY NOTIFIED that you are required to appear, or by an attorney via video using Microsoft Teams, 2 Courthouse Square Kissimmee, FL 34741 on September 24, 2021 at 10:30 A.M. for a PRETRIAL CONFERENCE. IMPORTANT- READ CAREFULLY THE CASE WILL NOT BE TRIED AT THE VIRTUAL PRETRIAL CONFERENCE SO DO NOT BRING WITNESSES. YOU MUST APPEAR, OR BY AN ATTORNEY VIA VIDEO USING MICROSOFT TEAMS. ONLY THE NAMED PARTY AND ANY NECESSARY INTERPRETER MAY ATTEND. Defendant(s) must appear as stated on the date specified in order to avoid a default judgment. Plaintiff(s) must appear as stated on the date specified in order to avoid having the case dismissed for lack of prosecution. A written MOTION or ANSWER to the Court by the plaintiff(s) or defendant(s) shall not excuse the 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. Any business entity recognized under Florida law may be represented at any stage of the trial court proceedings by any principal of the business entity who has legal authority to bind the business entity or any employee authorized in writing by a principal of the business entity. A principal is defined as being an officer, member, managing member, or partner of the business entity. Written authorization must be brought to the Pretrial Conference. 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. Whoever appears for a party must have full authority to settle. Failure to have full authority to settle at this pretrial conference may result in the imposition of costs and attorney fees incurred by the opposing party. If you admit the claim, but desire additional time to pay, you must 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 suit in any one ofseveral places as listed below. However, if you have been sued in any place other than one of these places, you, as 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 the suit is on unsecured promissory note, where the note is signed or where the 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. Inan action for money due, if there is no agreement as to where suit may be fled, where payment is to be made. If you, as the defendant(s), believe the plaintiff(s) has/have not sued in one of these correct places, you must appear in person 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 7 days prior to your first court date and send a copy to the plaintiff(s) or the plaintiff(s) attorney, if any. If the party serving summons has designated e-mail address(es) for service or is represented by an attorney, you may designate e-mail address(es) for service by you through the Florida E-filing Portal found at https://www.myflcourtaccess.com/ For more information about the E-Filing portal, visit https://www floridasupremecourt.org/Practice-Procedures/A bout-E-Filing-Portal#use You must keep the Clerk of Court’s office notified of your current address, especially if the address for this summons was different from where you were actually served. Future papers in this lawsuit will be served at the address on record at the clerk’s office. The failure to update your correct address with the Clerk of Court may result in actions taken against you without your knowledge. Acopy of the Statement of Claim shall be served with this summons. Issued: September 1, 2021TO JOIN YOUR VIRTUAL PRE-TRIAL CONFERENCE SEPTEMBER 24, 2021 at 10:30 am Before the Honorable Christine E. Arendas Instructions: 1. Open the camera on your smart device. 2. Point the camera at the QR code. 3. Position the camera so that the QR code is centered in your screen. 4. Hold the camera in front of the QR code for a moment so it can focus and recognize the QR code. 5. Tap the QR code image on your screen to open the link. [a] mL [alr FAILURE OF EITHER PARTY TO APPEAR AT THE PRETRIAL CONFERENCE MAY RESULT IN THE ENTRY OF A DEFAULT JUDGMENT OR A DISMISSAL OF THE ACTION BY THE COURT. ** TF YOU CAN NOT ACCESS THE LINK USING THE QR CODE ABOVE, PLEASE CONTACT THE CIVIL DIVISION AT 407-742-3479 TO OBTAIN YOUR LINK VIA EMAIL**VIDEOCONFERENCE HEARING PROCEDURES JUDGE CHRISTINE E. ARENDAS Osceola County Civil Division 61G ATTENTION ATTORNEYS AND SELF- REPRESENTED PARTIES: PLEASE CAREFULLY READ AND BE FAMILIAR WITH THESE PROCEDURES BEFORE YOUR SCHEDULED VIDEOCONFERENCE HEARING AS THERE ARE TIME SENSITIVE DEADLINES AND TASKS TO COMPLETE PRIOR TO YOUR HEARING. Due to the COVID-19 pandemic and administrative orders from the Florida Supreme Court and Ninth Judicial Circuit, there is limited court access. During Phase I, parties and attorneys in person appearance at the Courthouse is limited to Essential or Critical Proceedings. During Phase II, parties, attorneys and witness in person appearance is limited and authorized for certain proceeding types (refer to Fl. S. Ct. Admin Order AOSC20-23 Amendment 5 and any subsequent updates) During Phase 3, in person contact is more broadly authorized. Courts are encouraged to conduct proceedings via remote technologies where available and appropriate. To ensure that your videoconference hearing runs smoothly, all participants shall abide by the following procedures: TECHNOLOGY & DEVICE REQUIREMENTS PROGRAM USED. The Court will be using Microsoft Teams to conduct proceedings. DEVICE NEEDED. A desktop computer, laptop computer, tablet, or smartphone may be used for the hearing. A camera is preferred for all person participating in the Video Hearing. A microphone is required for all persons participating in a Videoconference Hearing. A camera and microphone is required for all person who will be testifying. Most devices have a built in microphone and camera. If you do not have any of this equipment available to you, please immediately contact the Judicial Assistant, Nyree Fraser at 61Osceola@ninthcircuit.org .HOW TO ACCESS MICROSOFT TEAMS 1. Windows based device. The program can be downloaded from the Microsoft website for free. Alternatively, the program can be accessed by clicking the link provided by the court if the user is operating on Microsoft Edge or Google Chrome web browsers. It is preferred to download the program which will auto-launch when the link is clicked. 2. Mac/Apple Based Products. The program can be downloaded from the Microsoft website for free. Alternatively, the program can be accessed by clicking the link provided by the court if the user is operating on Microsoft Edge or Google Chrome web browsers. The program WILL NOT work with the Safari or Internet Explorer web browsers. It is preferred to download the program which will auto-launch when the link is clicked. 3. Android based mobile devices and tablets. Download the free Teams application from the Google Play Store and install it on your device. Allow camera and microphone access. Once the link is e-mailed to you, clicking the link will automatically launch the Teams program. 4. Apple/IOS based mobile devices and tablets. Download the free Teams application from the App Store and install it on your device. Allow camera and microphone access. Once the link is e-mailed to you, clicking the link will automatically launch the Teams program. Preparing for the Videoconference 1. Upon receipt of these instructions, and no less than 2 business days prior to the videoconference hearing, all participants shall download the free Microsoft Teams App from https://teams.microsoft.com/downloads (for a computer) or the App Store for their smart phone or device. 2. Counsel and/or pro se parties shall provide the judicial assistant with the email address for each hearing participant at the time of scheduling the videoconference hearing but not later than 2_ business days prior to the hearing. Participants include counsel, parties, witnesses, interpreters, and court reporters. 3. The judicial assistant will send an invitation to the Microsoft Teams meeting to the hearing participants based only on the emails provided by counsel or pro se parties. Counsel and/or pro se parties may share the link with their witnesses.4. Hearing participants will click on the meeting link invitation provided by the Judicial Assistant at least five (5) minutes prior to the scheduled time for the video conference hearing. 5. All participants will be waiting in the virtual Microsoft Teams “lobby” until the Judge initiated the video conference hearing. Witnesses will remain in the lobby until such time as they are called the testify. DO NOY leave the waiting room unless excused. Preparing Evidence for the Videoconference 1. No later than 3 business days before the hearing, counsel and/or pro se parties shall exchange any and all exhibits and have a substantive, good faith telephone conference to address stipulations and objections to the admissibility of any exhibits. 2. After the substantive, good faith telephone conference and no later than 2 business days before the hearing, the parties are to pre-mark the exhibits (i.e. Defense Ex A, State Exhibit C, ect.) that they intend to use during the hearing, scan, and email those exhibits to 61Osceola@ninthcircuit.org . If a video is being used, the original video shall be provided to the Judge’s chambers no later than 2 business days before the hearing. Counsel introducing the video shall have the ability to play the video (with sound) from their electronic device and share the screen with all participants. If there are objections to the admissibility of any exhibits, the party raising the objection shall identify the exhibit and identify the ground(s) of any objection at the appropriate time during the hearing. After hearing argument, the court will rule on the objection(s). Preparing Witnesses for the Videoconference 1. Pursuant to current COVID-19 CDC guidelines and orders from all levels of government, all participants must abide by social distancing requirements and limit in- person contact. As such, witnesses do not need to be present with the attorneys or self- represented parties during the videoconference hearing and it is preferred that such witnesses participate in the videoconference hearing remotely from their own home or office. 2. Witness must be provided copies of all pre-marked exhibits prior to the hearing. 3. The witness shall be instructed not to look or refer to any other document ordevice during his or her testimony. 4. Counsel and/or self-represented party is responsible for providing these instructions to any witnesses and ensuring their compliance. 5. Witness are discouraged from being in the same physical space as the attorney or self-represented party. However, in the event a witness or party testifying is in the same physical space as the attorney or self-represented party questioning the witness, the witness must be at least 6 feet away from any other person in the room and the camera shall be directed at the witness. The attorney or self-represented party may not assist the witness with answers in any way, including but not limited to gestures, notes, or facial expressions, or otherwise impact or influence the witness’ testimony “off camera.” PROCEDURES DURING THE VIDEOCONFERENCE HEARING 1. At the beginning of the videoconference hearing, the judge will call the case and instruct all participants when to announce themselves for purposes of the record. 2. All participants shall place their microphones on mute unless they are speaking or wish to make an objection. 3. All efforts shall be undertaken not to interrupt other speakers during the videoconference hearing, unless it is necessary to assert an objection. 4. If an interpreter is necessary, all participants shall be speak slowly, in short complete sentences or questions, and allow time for translation. No one shall respond to a question posed by another participant until the question has been translated. 5. Participants (other than the Court) MAY NOT use the Microsoft Teams App or any other device to record the video conference. 6. All participants are required to ensure that no children are able hear or see the videoconference hearings. 7. All participants are required to identify anyone that may be observing the proceedings with them. This is essential for the rule of sequestration to be effective and ensure the credibility of testimony.QUESTIONS We recognize that these are new procedures and challenging times for everyone. We are here to help and do our best to make sure your case is timely heard. Please do not hesitate to contact the judicial assistant at 61Osceola@ninthcircuit.org if our office can assist you with any questions about these procedures or preparations for the videoconference. With practice and patience, we will all get more proficient with these new technologies and platforms. Thank you for your commitment to your clients, our legal community and profession.