Answer against counterclaims?
Date: Thu, 07/08/2010 - 06:57
A friend is being sued in Florida and when they answered the summons, they also put in counterclaims as the plaintiff pursued collections a few days past their receipt of the DV letter.
Now the plaintiff's attorney has sent in a general denial to the counterclaim as listed below. What needs to be done now or is this just their answer and it will be debated before the judge or does another motion or something need to be filed in rebuttal to their general denial of the counterclaim? Also, could someone explain their defense? Thank you for all input.
Their response is:
Plaintiff's Response and general denial to Defendant's Counterclaim
1. Plaintiff hereby denies each and every allegation of Defandants' counterclaim for violations of the fair debt collection practices act allegations 12-21.
2. Plaintiff took only legal action as permitted by the state.
3. Plaintiff has complied with all requirements of the statue.
Affirmative defenses:
Plaintiff hereby asserts the affirmative defense of failure to state a claim.
Wherefore, Plaintiff respectfully this court to dismiss defendants counterclaim and any and such other relief as this court deems just and proper.
Now the plaintiff's attorney has sent in a general denial to the counterclaim as listed below. What needs to be done now or is this just their answer and it will be debated before the judge or does another motion or something need to be filed in rebuttal to their general denial of the counterclaim? Also, could someone explain their defense? Thank you for all input.
Their response is:
Plaintiff's Response and general denial to Defendant's Counterclaim
1. Plaintiff hereby denies each and every allegation of Defandants' counterclaim for violations of the fair debt collection practices act allegations 12-21.
2. Plaintiff took only legal action as permitted by the state.
3. Plaintiff has complied with all requirements of the statue.
Affirmative defenses:
Plaintiff hereby asserts the affirmative defense of failure to state a claim.
Wherefore, Plaintiff respectfully this court to dismiss defendants counterclaim and any and such other relief as this court deems just and proper.
It's my opinion that the plaintiff's response is insufficient, b
It's my opinion that the plaintiff's response is insufficient, but I'm not familiar with Florida's civil procedure rules. My advice is for your friend to consult a lawyer in person or for free at www.lawguru.com.
