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When Plaintiff requests Defendant's Declaration Regarding Income and Assest Exempt from Garnishment be sticken, how do you answe

Miami, FL |

I have not been able to get anyone from free legal aid to return my calls so I am forced to answer Plaintiff's interrogatories without any help. I am not sure how I need to answer, "The allegations in Defendant's Declaration of Defendant ___ Regarding Income and Assets Exempt from Garnishment as attached to Defendant's Answer are not a valid affirmative defense and/or other relevant pleading and should be stricken." Also, I requested in my affimative defenses that I reserve the right to plead other affirmative defenses that may become applicable and/or available at a later time. Again, I am not sure how to answer.

Attorney Answers 1

Posted

It appears from what you have written that you have been sued and in response to the initial pleading you attached a form that would ordinarily be used only after a judgment has been entered and garnishment proceedings initiated. It also appears that you are confusing a Motion to Strike with interrogatories. Of course, you have the papers before you and may merely be reciting what some one else has written, and if that someone else is not an attorney it could be that they are using the wrong names for their papers.

With all due respect, it appears that you are relying too much on documents and pleadings that you have seen in other cases, or on the Internet. I suggest that you consult with an attorney to sort things out. You can contact the Miami-Dade Lawyers Referral Service and they can refer you to an attorney who will give you a consultation for little or no fee.

Frankly, if the document that makes reference to "Defendant's Declaration of Defendant ___ Regarding Income and Assets Exempt from Garnishment" is a Motion that asks the Court to strike it from your answer, you are not required to make a response; instead, there has to be a hearing for a judge to decide if your attachment should be stricken.

However, you should be sure you filed an Answer to the initial pleading. If you didn't, and only filed the Declaration, you may be in Default for the failure to respond to the allegations of the initial pleading.

Again, consult with an attorney, immediately, as it appears that while your heart is in the right place by not simply ignoring the pleadings, that you are having trouble with the procedures of the litigation.

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