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  1. #1
    Join Date
    Jan 2006
    Location
    MO
    Posts
    12

    Default 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.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.

  3. #3
    Join Date
    Aug 2009
    Location
    San Antonio, Texas
    Posts
    57

    Default 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?

  4. #4

    Default Re: Can I Revise or Add to My Affirmative Defenses

    could you list such Case, please ..??

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default 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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