My question involves collection proceedings in the State of: Florida
Bad things happening to good people, I have managed on my own to settle with all unsecured creditors, save for one which has just recently served me. I suspect the expectation on the part of the creditor would be a default judgement as in 90+ percentile of such cases however, I will answer which precludes a default judgement. My concern is in structuring the answer appropriately as to avoid any possibility of a successful summary judgement. My intention and goal is to show some resistance on my part and buy time to hopefully compel opposition to settle out of court. Failing that, I'll have to retain counsel and let them settle or litigate as appropriate.
Facts of the case are:
1) Complaint for 15K, filed by original creditor with continuity (Credit Card Bank)
2) Bank dropped the interest and late charges on my statements upon receipt of my letter requesting relief in March of this year.
2) Technical default on my part but having continued "good faith effort" by continuing monthly installments without interruption in order to completely service debt in 60 installments.
3) No answer from bank until filing last month, and service last week.
Upon affirming or denying as appropriate each paragraph in the complaint I intend the following two affirmative defenses:
1) "Payment" Since the amount in the complaint is in error due to the continued monthly installments on my part
2) "Any other matter constituting an avoidance or affirmative defense"
Any suggestions helpful in accomplishing the stated goal would be sincerely appreciated.
JJ
Bad things happening to good people, I have managed on my own to settle with all unsecured creditors, save for one which has just recently served me. I suspect the expectation on the part of the creditor would be a default judgement as in 90+ percentile of such cases however, I will answer which precludes a default judgement. My concern is in structuring the answer appropriately as to avoid any possibility of a successful summary judgement. My intention and goal is to show some resistance on my part and buy time to hopefully compel opposition to settle out of court. Failing that, I'll have to retain counsel and let them settle or litigate as appropriate.
Facts of the case are:
1) Complaint for 15K, filed by original creditor with continuity (Credit Card Bank)
2) Bank dropped the interest and late charges on my statements upon receipt of my letter requesting relief in March of this year.
2) Technical default on my part but having continued "good faith effort" by continuing monthly installments without interruption in order to completely service debt in 60 installments.
3) No answer from bank until filing last month, and service last week.
Upon affirming or denying as appropriate each paragraph in the complaint I intend the following two affirmative defenses:
1) "Payment" Since the amount in the complaint is in error due to the continued monthly installments on my part
2) "Any other matter constituting an avoidance or affirmative defense"
Any suggestions helpful in accomplishing the stated goal would be sincerely appreciated.
JJ
Defenses: Affirmative Defenses to a Lawsuit in Florida
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