Legal Question in Credit and Debt Law in Florida

I am being sued by a debt collector in the state of Florida. I answered the complaint on 1/19/10 the last day to answer. Is the plaintiff required by Fl Statutes to reply to my answer which contained affirmative defenses within 20 days or is a reply optional? Also, I want to serve a Notice to Produce on the Plaintiff Asset Acceptance. How long is discovery allowed to continue before a trial date is scheduled?

Asked on 2/22/10, 2:12 pm

3 Answers from Attorneys

Robert Wilcox Wilcox Law Firm

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The plaintiff is not required to respond to the Affirmative Defenses. FYI, the Plaintiff would be required to respond to a Counterclaim.

Discovery can usually begin as soon as your Answer is filed, and continues until the pretrial conference (usually set by a court order).

FYI, it's usally called a "Request to Produce" or "Request for Production" if you are seeking documents or other tangible things.

Go get 'em.

Robert Wilcox

(904) 281-0700

Answered on 2/27/10, 2:23 pm

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Matt E. Bales, Jr., Esq. Bales & Bales, P.A.

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The Florida Rules of Civil Procedure do not require the Plaintiff to respond to your affirmative defenses. Discovery can continue throughout the duration of the case until the Judge sets a deadline after which no further discovery can occur. This usually happens after the case is set for trial and during a pretrial conference.

Answered on 2/27/10, 4:56 pm

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