Legal Question in Credit and Debt Law in Florida
I'm being sued by national collegiate student loan trust and filed my affirmative defenses about a year ago. I've had a hand written envelope in the mail with no return address, that I didn't open for over a week because I'm going through a divorce and that wasn't top priority. It's a motion to strike my affirmative defenses. Can someone explain what this means and how I respond?
2 Answers from Attorneys
A motion to strike your affirmative defenses is nothing more than a request (a motion to the court) that the judge disregard (strike) your affirmative defenses - to give them no weight, and basically, make it as if you never filed them. That's what the effect of striking your defenses would be. The reasons are set forth in the motion. Generally, you don't respond in writing. Either you or the plaintiff can set the plaintiff's motion for a hearing, and you can argue the merits of your position at the hearing.
My colleague Mr. Kaufman is correct. Until they set a Hearing on the Motion, you will not need to do anything.
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.
