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Everything posted by formerpara

  1. Admin told me that I should get rid of my 4th defense so I wanted to know if I should file an amended answer or just go ahead with filing an objection to their motion and request discovery? Need some guidance or examples for this if you know of any.
  2. Also not very sure of how to do that yet. Any suggestions of where I can see some examples?
  3. I haven't sent out any discovery yet and will need to do so expeditiously. Not sure how to do that yet but this board is AMAZING so I'm sure I will be able to do it.
  4. Couldn't I file an Opposition to the Motion to Strike? I found a FL example and can probably craft something. I just might need some help with the case law.
  5. That's what I was thinking. I really don't see what he is talking about and I what amazes me is that Midland hasn't provided ANY documentation that they own the debt etc. I will let you know what I find out. Thanks
  6. One more thing...his motion is pursuant to FL RCP 1.140(f) not sure what that means and I am going to read it now.
  7. He doesn't state which ones specifically. His 2nd paragraph states: The allegations set forth in the Defendant's affirmative defenses are not properly plead affirmative defenses as provided by FL RCP. Defendant sets forth merely conclusory statements and general denials. There are no facts alleged with specificity in the Defendant's Affirmative Defenses and, in fact, it fails to raise any new matters and are mere general denials of the Plaintiff's allegations. Neither specific nor general denials of the allegations in a complaint are sufficient or specific enough to sustain a claim as an affirmative defense. Then he cites the 2 cases I mentioned in my first post. That's it. Do you have any idea of how I should respond to this? Thanks.
  8. 1. Defendant claims Lack of Privity as Defendant has never applied nor entered into any contractual, written, oral or implied credit arrangements with Plaintiff. 2. Plaintiff’s Complaint violates the Statute of Frauds as the alleged agreement or contract rests within a class of contracts or agreements that are required to be in writing. Plaintiff has failed to produce such documentation to support their allegation. 3. Plaintiff is not the real party in interest. Plaintiff has not provided a bill of sale or valid assignment of debt to prove ownership of the alleged debt. 4. Plaintiff is barred under the Fair Debt Collection Practices Act from collecting attorney fees, interest, penalties and other assorted collection fees, and any amount not specifically provided for by alleged agreement that Plaintiff has not provided. 5. Defendant claims Accord and Satisfaction as Defendant alleges that the original creditor accepted a form of payment or credit from Plaintiff for the alleged debt. 6. Plaintiff’s damages are limited to actual or real damages only. Plaintiff voluntarily made an assumption of risk and is not entitled to judgment. Plaintiff’s damages are limited to real or actual damages of actual cost paid or exchanged to alleged Original Creditor for the alleged debt. 7. The Plaintiff has not proven that they are authorized and licensed to collect claims for others in the State of Florida, solicit the right to collect or receive payment of a claim to another. 8. Defendant reserves the right to plead other affirmative defenses that may become applicable at a later date.
  9. I answered my complaint two weeks ago and today I received a Motion to Strike "my" Affirmative Defenses. Midland's attorney is different than the one who signed the complaint and in a different location (1 hour from the court vs. 3 hours) What do I do next? They are claiming that a portion of my answer contains Affirmative Defenses that: don't fully comly with the FL RCP or aren't Affirmative defenses recognized by law. They cited 2 cases: Cady vs. Chevy Chase Savings & Loan, 528 so.2d 136 (Fla 4th DCA 1988 and Gatt vs Keyes Corp, 446 So.2d 211 (Fla 3d DCA 1984). I don't have access to PACER or a law library and wonder if any of the great legal minds have copies I could see. I am scared but want to fight these jerks. They haven't provided ANY proof that they own the debt and my complaint had NOTHING attached. I am straying my focus and could use some advice. Thanks in advance.
  10. About 2 yrs ago my husbnd got served by a JDB and not being as knowledgable as I am now we responded that they filed the suit in the worng county which violated the FDCPA. I just looked at the docket and apparently they filed some affidavit and statement which we never received. Should I leave it alone, file a motion to dismiss for failure to prosecute, or fight the affidavit and statement that were never received? What would happen if we didn't wake a sleep ing bear? How long does the court let these cases sit dormant without anything being done? Any advice from the brilliant minds on this board would be greatly appreciated.
  11. I filed my answer etc in the county court civil division in FL. Doesn't it depend on where they filed?
  12. It does look like they were supposed to serve you. Im wondering if that means that the service is defective?
  13.'re my hero!!!!!!!!!!!That is hilarious. I used to put my 2 year old on the phone with telemarketers by telling her they were Barbie. It was funny but this is SO much better.
  14. That is correct. You have to look at the complaint and for each numbered item you need to admit, deny or claim lack of information for every item. I only admitted that I live in the county I live in. I denied everything else and demanded that Plaintiff provide strict proof for each thing. THe information you have listed is for your affirmative defenses.
  15. I just filed my answer and affirmative defenses in FL 2 weeks ago. I should have filed a motion to dismiss instead because they didn't provide any info like your case. What county do you live in? If you email me privately I can help you out.
  16. Does anyone know what happens after you file your NOA, Answer, Affirmative Defenses and COS? Is the Midland required to provide me with documentation since none was attached to their lame complaint? Im in FL and I am very hopeful because of what I am reading. My hubby is dying of cancer, my 11 year old has type 1 diabetes and I have the distinct pleasure of handling all of this by myself. You guys inspire me every day! Any ideas?
  17. Congratulations Joyful! I am just embarking on my fight with Midland. Just filed my answer & affirmative defenses. Midland's bottomfeeder atty's were probably at the beach when service of my pleadings was attempted on Friday. Got a notice that they will try again and apparently after 15 days the certified mail gets returned to me. Clerks office told me that as long as I filed with them I'm good to go. Wish me luck on this because I'm really nervous. Glad your hubby's got dismissed.
  18. CONGRATULATIONS Singledadjames!!! I've only just begun my battle with those bottom feeders. Waiting to see if if my Answer/Affirmative Defenses get's signed for by Ceritified Mail. They weren't there at first attempt. Your posts have inspired me!!!!
  19. I did that on my COS. I've been checking the USPS site for the delivery of the papers to Midland's dirtbags and it arrived in Miami 2 days ago but they haven't signed for it. I just want this to go away. I can't wait to see them in court to let them know I am filing FDCPA violations against them too. Ha Ha
  20. I had the same issue but they 1099c'd me. Going the insolvency route with the IRS.
  21. In my case the Plaintiff's attorney is 3 hours away. Is Midland hoping for a default judgment? I already filed my answer & affirmative defenses.