Legal Question in Credit and Debt Law in Florida

How to answer a Motion to Strike Affirmative Defenses

I am appearing Pro Se in a Contract & Indebtedness

case vs. a credit card company in Circuit Court for

$49.500. Plaintiff's counsel has just filed a Motion to

Strike Affirmative Defenses, followed a day later by a

Motion to Set Cause for Non-Jury Trial. I listed a bunch

of affirmative defenses in my original answer, one of

which is probably arguable.

Plaintiff's attorney accepted $1,500 after he ffiled the

case, so the amounts in the complaint are incorrect.

I would like to know how to answer the Motion to Strike

so as to gain maximum time before trial. I will probably

have to file for Chapt 7 Bankruptcy eventually, but i am

waiting for some more medical bills to come in, and

don't want a judgment against me in the meantime.

Thanks,

Pro Se hopeful


Asked on 5/05/03, 10:48 pm

1 Answer from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: How to answer a Motion to Strike Affirmative Defenses

Without seeing the motion it is not possible to give you a reply. However, you may have an FDCPA claim.

Note, if you are going to file its all moot because the judgment is probably dischargeable.

Read more
Answered on 5/06/03, 1:20 am


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