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Affirmative Defense res judicata for a civil case .

Kissimmee, FL |

New compliant filed by a different collection agency for a debt account that has already been finalized . If I answered with an Affirmative Defense of res judicata should I also file a Motion to Dismiss ? If so , what would the basis of the motion ? Thank you for your time and help .

Attorney Answers 2

Posted

Res judicata is not an affirmative defense, it is a legal principle establishing that if an issue has already been litigated in a case it can't be relitigated. Therefore, you would need to file a motion to dismiss and your basis would be on res judicata.

This is not to be considered legal advice nor does an attorney-client relationship exist.

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Asker

Posted

Thank you for your response. I have not filed anything yet. Through my research, some states want it to be stated as a defense not a reason to dismiss. Happy to hear Florida is not one of them. I will file a motion to dismiss. Should I cite a certain law in my motion? Again, thank you for your time.

Posted

You should have filed your motion to dismiss prior to filing the affirmative defenses. You may need to file a motion for judgment on the pleadings now or a motion for summary judgment to dispose of the matter on the law. Seek some legal help.

The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices. Bstein@dcfsz.com, 305 377 1505

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Asker

Posted

Thank you. I have not filed anything yet (my question may have been worded improperly). I will file a motion dismiss. Again, thank you for your help.

Barry A. Stein

Barry A. Stein

Posted

Yes good to file the motion to dismiss first and attach all documents you have showing prior lawsuit was concluded. good luck.

Asker

Posted

Thank you for that tip...will do!

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