motion to strike
Date: Mon, 11/19/2007 - 11:20
I am being sued by arrow financial. I went to the hearing, was granted discovery, wrote a letter to the law firm to validate the debt. They did not answer. Then i answered and denied that I owe anything (I really don't think I do!) and then used the SOL and the fact that they have not produced documentation of the account. They just sent me a Motion to Stike Affirmative Defenses and said that 1. the lack of documentation is not relevant with reguard to filing the complaint, and they are more issues for trial and after presentation of all evidence.
2. They said that the SOL defense is unsupportive of any facts.
Can anyone tell me what I should do? Does this sound like BS and will judge will smell it?
I agree with your BS impression. The things that they are claimi
I agree with your BS impression. The things that they are claiming as irrelevant are very relevant. Take them all the way through the system as they apparently do not have any documentation and are trying to intimidate you. Keep denying and challenge everything. At what point did you request validation? That should have been done when you received you first communication from them.
I sent a validation letter after the hearing, they have really b
I sent a validation letter after the hearing, they have really been MIA until the complaint was served. I told the judge that they didnt have any evidence at the hearing, and then the judge granted discovery. I sent the Validation letter, then an answer denying the complaint, and then I got the motion for strike from the plaintiff today, but no evidence. ugh!!!!
Submit reply papers on the return date with any documentation th
Submit reply papers on the return date with any documentation that you may have regarding this. They are trying to strike your answer and have you held in default. At this point, I would strong consider hiring an attorney, the judge may decide that this motion can go based 'upon the papers' and that no appearance is required.
I do recall warning people about the defenses they assert in their answers and exchanging discovery as soon as possible after they receive the Plaintiff's demand packets though do to avoid having their answer stricken.
My attorney is on vacation for the next few days. So you are tel
My attorney is on vacation for the next few days. So you are telling me that they are trying to get a default judgement against me? I am feeling really over my head now- :(
They're looking to strike affirmative defenses in the hopes of g
They're looking to strike affirmative defenses in the hopes of getting sanctions and striking your answer. It's a fairly common tactic in most civil cases, however, you should contact them asking for a "stipulation adjourning the return date of the motion" And get a few weeks, then transfer the file over to your attorney who could take over handling this.
An affirmative defense can also expose your answer in the court, at this point in my practice; I would routinely file a "Notice of Appeal" reserving my right to appeal if I happen to lose on the motion and have the answer stricken.