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Re: credit card lawsuit


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Posted by Taziblue (65.10.202.72) on July 30, 2004 at 21:12:35:

In Reply to: credit card lawsuit posted by H Flores on July 30, 2004 at 16:52:59:

In Florida,

If you file a motion to dismiss in a response to a lawsuit, then you do not have to file any other papers until your motion is heard and a decision made by the judge.

If the judge rules in your favor, the lawsuit is over. Make sure you go the hearing.

If the judge rules against you, then the judge will give you time to file your answer to the lawsuit. This is usually 20 days. Here it gets interesting- lots of times, the judge will not officially sign and send the motion denied and time to file answer for a few days. At the very least, you should have 20 days from the time the judge hears your motion.

This also gets you out of the assembly line- the ca is used to showing up and getting 20-30 defaults at one time. This takes you out of the line and makes the ca attorney show up again and respond to your motion.

If you are going to do this, make sure that you list any and all defense to the lawsuit.

List affirmative defenses separately. AS in:

I. Affirmative Defenses
A.
B.
C.

II. Other Defenses




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