Legal Question in Credit and Debt Law in Florida
credit card lawsuit
An attorney representing a bank has sued me for an outstanding credit card debt which is slightly over 4 years old. After I filed a motion to compel to produce evidence he will not produce any documents whatsoever showing I was a coapplicant or even used the account. The attorney merely signed an affadavit saying he examined the records and I owe the debt. I was an authorized signer on the card. The applicant is deceased, his estate probated 2 years ago and the bank never filed against his estate. The attorney is asking for summary judgement. I am asking for dismissal. Is his case frivolous due to no documentation and also does the 4 year statute of limitations apply due to no signed contract produced?
2 Answers from Attorneys
Re: credit card lawsuit
No, his case would not be frivolous, because "frivolous" has a specific meaning in the law.
You filed a motion to dismiss the complaint? Have you had a hearing on your motion to dismiss? If not, you need to contact the opposing attorney and schedule a court date. Did you answer the complaint within the time limit? Did you file a motion to dismiss within the time limit to answer the complaint?
Do you have an order from the Court granting your motion to compel production of documents? Probably not, I'll guess. Filing a motion doesn't mean anything unless you have a hearing on the motion and the judge grants your motion.
And, let's make sure what's going on - to get the documents, you must first file a request for production. After the time for the other party to produce the documents, subject to local rules, you can file a motion to compel the production of the documents. These are two separate and distinct items.
Re: credit card lawsuit
I represent many people around the state in litigation with credit card companies. Get in touch with me if you can use some advice or assistance.
Scott Behren
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
