Motion To Strike - Civil Case

by JK from Hillsborough County, Florida

I need a format to oppose plaintiff's Motion To Strike Defendants "Notices of Compliance" and "Interrogatories and Discoveries". This is a civil case questioning the validity of a document.

We are being sued for a sum of money and in our defense we had asked that the Plaintiff provide certain information, correspondence, proof of payment and Tax returns.

His Attorney filed the above and we need to ask that the judge not grant his motion to strike, in all or in part. Thank you for your help.

Answer to Florida Court Forms Question

Dear JK,

First, don't panic. There will be a hearing on his motion to strike, at that time you can make your argument as to why you need to have those documents.

You don't say whether you are disputing the validity of the debt. Under the Fair Debt Collections Practices Act (FDCPA) you have certain rights, -- that the creditor prove that you owe the debt; and that he refrain from deceptive or coercive practices.

Within five days of their first contact with you, the debt collector must send you a written notice telling you:

• How much money you reportedly owe;
  
  
• The name of the creditor to whom the debt is owed;
  
  
• That unless you, within thirty days after receipt of the notice, dispute the validity of the debt or any portion thereof, the debt will be assumed valid by the debt collector;
  
  
• That if you dispute the debt
  in full or in part within that thirty day period, the debt collector will obtain verification of the debt and mail it to the consumer; and
  
  
• That upon your written request within the thirty day period, the debt collector will provide you with the name and address of the original creditor, if different from the current creditor.

The first notice must also include a warning known as the Mini-Miranda Warning, which must state that the communication is from a debt collector and that any information obtained may be used to collect the debt.

Except for pleadings associated with a legal action, all subsequent communication from the debt collector must also include this warning.

Please note that the thirty day notice requirement does not limit the debt collector from taking other measures to collect the debt during that initial thirty day period, as long as its action is not inconsistent with your right to contest the debt under the FDCPA.

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