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Ok need some serious help - (FL)


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Well tomorrow is the 25th day since I sent in my answers/defenses/counterclaim for my 2nd case (unsecure loan). I haven't received anything from the court or the plaintiff's attorney. No phone calls either.

I need some really good examples of what I need to do next.

Thanks!!

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Personally i would have sent my request for discovery and my request for interrogatories with my answer. You want to be the one controlling the time line, not them.

You need to start working on them asap and initiate the discovery phase.

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ok I just called the court house and I filed my counter claim with my answers and defenses. So I actually never "served" the plaintiff with a counter claim. The county clerk's office told me it's just a waiting game now for them to do something.

I have not sent in any request for documents (The summons did have a copy of the orginal signed agreement attached). I am going to prepare a request for documents today but I'm not sure what I need to request.

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How exactly did you not "serve" your counter-claim?

I sent it in with my answers and defenses. That's what I was told when I called the clerk of courts. Today she told me different.

I never hired a process server or paid any court fees.

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Well guess what I received today?

They have filed a motion to dismiss my counterclaim their defenses are that they acted within the state statue for collecting a debt?

I'll copy the correct wordage tomorrow but answering a DV with a summons is definitely a violation.

So any suggestions on what to do next would be appreciated.

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Well guess what I received today?

They have filed a motion to dismiss my counterclaim their defenses are that they acted within the state statue for collecting a debt?

I'll copy the correct wordage tomorrow but answering a DV with a summons is definitely a violation.

So any suggestions on what to do next would be appreciated.

That is why I asked about the "served" part. It was served if it was part of your answer. They will need to have it set for hearing in order to get a ruling on it. Is this one in small claims?

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That is why I asked about the "served" part. It was served if it was part of your answer. They will need to have it set for hearing in order to get a ruling on it. Is this one in small claims?

No it's civil.

There response is:

Plaintiff's Response and general denial to Defendant's Counterclaim

1. Plaintiff hereby denies each and every allegation of Defandants' counterclaim for violations of the fair debt collection practices act allegations 12-21.

2. Plaintiff took only legal action as permitted by the state.

3. Plaintiff has complied with all requirements of the statue.

Affirmative defenses:

Plaintiff hereby asserts the affirmative defense of failure to state a claim.

Wherefore, Plaintiff respectfully this court to dismiss defendants counterclaim and any and such other relief as this court deems just and proper.

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Personally i would have sent my request for discovery and my request for interrogatories with my answer. You want to be the one controlling the time line, not them.

You need to start working on them asap and initiate the discovery phase.

Attached to my summons was a copied signed agreement from 07. At one time I may have had more than one account. So I am not sure if this is the correct one or not.

What should I be asking for in discovery and request for interrogatories??

Thanks!

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