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Can I Revise or Add to My Affirmative Defenses

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  • 08-02-2009, 06:18 AM
    bobby623
    Can I Revise or Add to My Affirmative Defenses
    I live in Missouri.

    A third party debt collector brought a civil suit against me in circuit court. I was served in April 09 and timely submitted my answers and affirmative defenses to the court. I'm representing myself pro se. The trial is set for two weeks from now. In the course of my legal research and in Discovery I've since come up with more affirmative defenses. Would I be allowed to add to my affirmative defenses or submit my revised affirmative defenses or is it too late?

    The debt collector held off giving me the alleged credit card contract until 2 weeks before the trial.
  • 08-03-2009, 04:10 PM
    Mr. Knowitall
    Re: Can I Revise or Add to My Affirmative Defenses
    Bring a motion and see what the judge permits. We don't know anything about your defenses, or why you didn't discover them earlier. If your claim is that the plaintiff violated the rules of discovery, and that as a result you only just obtained the contract and could not reasonably have identified the defenses prior to your review of the contract, you can see if the court finds that excuse acceptable.
  • 08-11-2009, 10:56 PM
    StephenFoster
    Re: Can I Revise or Add to My Affirmative Defenses
    probably late... but give it a shot.

    I suspect the judge never ordered the other side to give it to you?

    You know that there's a new supreme court case stating the third party can't use knowledge from the original creditor to swear that you owe the debt, right?
  • 03-22-2012, 01:22 PM
    J. Alfred Braun
    Re: Can I Revise or Add to My Affirmative Defenses
    could you list such Case, please ..??
  • 03-22-2012, 04:30 PM
    jk
    Re: Can I Revise or Add to My Affirmative Defenses
    Quote:

    Quoting J. Alfred Braun
    View Post
    could you list such Case, please ..??

    this thread was posted 2 1/2 years ago. StephenFoster has not been on this site since 8/13/2009. I doubt your query will receive a response from him.
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