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I reply to a debt collector's summons with an Affirmative Defenses but forgot to included a time frame, they have not answered

Pompano Beach, FL |
Filed under: Debt Sued for debt

I reply to a debt collector's summons with an Affirmative Defenses but forgot to included a time frame for them to provide me with an original contract, now they are requesting more papers and have not answered my request. What should I do next?

Attorney Answers 5

Posted

I am having trouble following your question. They don't have to reply to your affirmative defenses. If you make a request for production you should specify a time and place for production but even if you don't they should respond to the request within the time provided in the rules. If they didn't I would treat all objections and waived and ask them to respond and to produce the responsive documents.

There is no substitute for the professional advice of an attorney who knows your case and represents you. My post is not, and may not be relied on as, legal advice and does not create an attorney-client relationship. Best wishes for a just and expeditious resolution.

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Posted

I am having trouble following your question. They don't have to reply to your affirmative defenses. If you make a request for production you should specify a time and place for production but even if you don't they should respond to the request within the time provided in the rules. If they didn't I would treat all objections and waived and ask them to respond and to produce the responsive documents.

There is no substitute for the professional advice of an attorney who knows your case and represents you. My post is not, and may not be relied on as, legal advice and does not create an attorney-client relationship. Best wishes for a just and expeditious resolution.

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Posted

I agree with Mr. Murphy, but would add that the reason they don't have to reply to your affirmative defenses is because it is presumed that they deny your affirmative defenses. If they want to do more than deny them (i.e. to "avoid" them), then yes, they have to respond to your affirmative defenses. And again, as Mr. Murphy stated, if you want a copy of a contract, the "tool" you use to get that is a "Notice To Produce" or alternately a "Request For Production" (same thing). When you request a document using this "tool," the other side has 30 days within which to respond (not to produce, to respond). I have to say you're in pretty deep waters with these matters, as these rules are intertwined, tricky, and confusing. Good luck.

I often take cases other attorneys won't, so call me for a free consultation. My number is 727-712-3333, or you can view my website at www.TampaConsumerLawyer.com

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Posted

I agree with my colleagues. If you requested that the plaintiff produce a contract as part of your affirmative defenses, that is not a proper request for production. You will need to serve a Request for Production. The plaintiff is not obligated to reply to the affirmative defenses. You should probably retain an attorney to help you defend this action.

Natalie Guerra-Valdes
(954)764-7878
nvaldes@valdeslawfirmpa.com
www.valdeslawfirmpa.com

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Posted

Hire a consumer lawyer to handle your claim. Most of us charge very little to handle the case and seek our fees from the other side. Why take a chance.

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1 comment

Eugene P. Castagliuolo

Eugene P. Castagliuolo

Posted

Mr. Marino is right on target, and actually, his answer is the answer I often want to give to questions of this type. Why non-lawyers want to handle their own cases without at least surveying what consumer lawyers charge is beyond me.

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