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How to respond to P's Motion to Strike D's Affirm Defenses

Guest GoodCreditSoon

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Guest GoodCreditSoon

I have been sued by Discover.     In discovery I found that a Discover credit card transferred balance opened the account I am being sued for.   I have asked 3 times (2 RFPs and 1 letter in between) for the credit card statements from the old account which make up more than the balance owed on this new account.   They cannot provide stating it is "irrelevant, unduly burdensome and not reasonably calculated to lead to discovery and seeking documents Plaintiff is not required by law to maintain."


I had filed a Motion to Strike their Affidavit which caused the Plaintiff to Amend their Complaint (only changing the amount by a few hundred dollars less) and, in the process, not follow proper service rules (I did not get a copy and only noticed while checking online that something had been filed).   


Since I have requested details on the charges and they cannot provide their own credit card statements from the other account, what should I do next?   My argument is they cannot provide proof that this account is owed by me in any way and have not followed proper Florida RCP.   


Isn't the burden of proof on the Plaintiff?   


In calculating ALL statements provided it is found that $1,800 stems from actual purchases on the statements provided only (the transfer amount from some other discover account was over $9800 including payment protection refunds/charges that's too confusing to break down at this time), $7,688.86 consists of finance charges, total payments made were $12,500.   


Can I file something in opposition to Plaintiff's Motion to Strike my Affirmative Defenses?


Thank you.  

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