As a Defendant, what is my next step after receiving a Motion to Strike Defendant's Affirmative Defenses?

Asked almost 2 years ago - Tampa, FL

This is a CC lawsuit. Answer to Complaint filed and subsequently the Plaintiff's atty filed Motion to Strike Defendant's Affirmative Defenses. My main defense was that there was no paperwork attached to the original Complaint to evidence the 'client' owned my debt. Furthermore, the Motion simply said ..."hereby moves to strike each and every affirmative defense in Defendant's Answer dated..." That is the entirety of the Motion - nothing was attached. Doesn't the atty have to address WHY my defenses should be striken? If not, do I object to the motion, call the Judge to set up pre-trial, or wait until I hear from the courts? I would imagine at some point the Motion should be granted or denied, but I have yet to come across any postings similar to my situation. Thank you in advance.

Additional information

At the very least, knowing what to expect, be it a time-line to respond to the Motion and any subsequent filings and/or a chain-of-events would be greatly appreciated. I realize the best advice would be for me to speak with an attorney, but I was hoping to be able to get through the lawsuit without retaining counsel. Again, any advice/comments much appreciated!

Attorney answers (2)

  1. Rixon Charles Rafter III

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . Not the comment you are looking for, but your questions indicate to me a high likelihood of the process and procedure of CC tripping up your defense.

    Experienced attorneys run afoul of state civil procedure matters all the time and they know what they're doing--as a pro se defendant, just on the stats alone, you are definitely in the 'low-probability of a win’ category, especially if you're facing experienced counsel. Its likely doable, but a longshot. A mis-step in procedure, missing a filing deadline, or failing to respond properly to motions could sink your case. Judges at CC don't give much (if any) latitude to pro se litigants.

    If you don't want to hire a firm outright, consider consulting with a local counsel, one who has access to all your documents, knowledge of the local court and the judges--consider retaining them in an advisory capacity--not all lawyer will agree to such an arrangement, but there are attorneys who will--it may be the step that saves your defenses.

    Best of luck to you either way.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more
  2. Stephen Andrew Mosca

    Contributor Level 17

    Answered . From what you write it sounds as though your affirmative defense might be lack of standing to bring suit and their failure to attach supporting documents a violation of rule 1.130. Either way, you are seeking for the suit to be dismissed or for more definite statement of the facts to be made in a future pleading because of these deficiencies in the complaint.

    You need to schedule a hearing so you can tell the judge why the defense should not be stricken and why the motion to strike should be denied, or, that the court should grant it and allow you to amend, or change, your answer and affirmative defenses. Then, run to an experienced attorney before you lose your chance to defend the suit properly.

    Good luck.

    The above is provided for educational purposes only and is not legal advice nor makes you a client of the Mosca... more

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