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  1. #1
    Join Date
    Nov 2013
    Posts
    20

    Default Motion to Strike Affirmative Defenses

    My question involves collection proceedings in the State of: FLORIDA

    By mistake on one of my affirmative defenses, I cited the wrong case law which did not pertain to my defense or relate to this law suit, (I'm not sure how I did that but I did). Now the Plaintiff is calling me on it, wanting me to produce the doc's which obviously don't belong to the particular defense. Plaintiff is also Motioning To Strike All of My Defenses.

    Should I just produce the doc's with no explanation for the error?

    Or should I just admit that I screwed up and try and amend my answer?

    Or does anyone have a better solution?


    Side note; This case has sat non productive for approximately 1 year, 3 months with no action from the Plaintiff after I filed my answers and affirmative defenses. The only reason the Plaintiff is NOW, asking for the production and filing a Motion to Strike Defenses is because the court sent them notice that the case was scheduled for dismissal for non action.

    Are there any options available to me because of their delay?

    Thanks again for any advise you can provide.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Production of Doc's for Affirmative Defense - Case Dormant for 15 Months Up Till

    Sorry, but you're in way over your head.

    Hire a lawyer.

  3. #3
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: Production of Doc's for Affirmative Defense - Case Dormant for 15 Months Up Till

    Even lawyers sometimes screw up their citations. It happens. Judges take a dim view of that from lawyers, but are more lenient toward pro se defendants. Admit and amend, or else do what adjusterjack said.

  4. #4
    Join Date
    Nov 2013
    Posts
    20

    Default Re: Production of Doc's for Affirmative Defense - Case Dormant for 15 Months Up Till

    Thanks Bubba Jimmy....

    I believe I will file a motion to amend my answer, seems to be a fairly reasonable request for a pro se defendant. It was only one defense that I transposed the case numbers on, not all of them. Thanks again for confirming what I thought I should do.

    - - - Updated - - -

    Thanks adjusterjack....

    Not real sure why you would think I'm way over my head? It was just one affirmative defense that I messed up.

    The Plaintiffs request to Strike all of my defense is a fairy common motion for them to throw out there, but from what I have seen happen in pro se cases is the judge will generally give the defendant time to amend his defense. I'm sure there's always a chance my defense could be stricken, I guess that will depend on the mood of the judge that day. But judges certainly have the latitude to allow pro se defendants time to amend.

    But since I don't have the money to pay an attorney, I'll have to do the best that I can.....that's the reason I was asking for advice on this board to see if anyone could enlighten me how to proceed.

    I appreciate your input...thanks

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