Legal Question in Credit and Debt Law in Florida
Response to ''Motion to Strike''
Circuit Civil: Contract and Indebtedness
I answered pro se to a complaint by AmericanExp,
stating 8 affirmative defenses without any supporting
allegations of ultimate fact. Amex has filed a timely
Motion to Strike my affirmative defenses.
I want to delay this case as long as prudently practical.
What should my next move be?
Thanks
2 Answers from Attorneys
Re: Response to ''Motion to Strike''
Amex's motion to strike should be scheduled for a hearing. If you are not able to attend at that time, let their counsel know by telephone message or letter. If you are not able to attend the hearing and you are contesting the motion to strike, inform them and they cannot go forward until you are available. Since it is the holidays, it may take a few weeks before the hearing can be set down. Also, a motion to strike affirmative defenses does not deal with their issue that you owe them money.
Good luck.
Re: Response to ''Motion to Strike''
prefer not to reply