My question involves collection proceedings in the State of: FLORIDA.
Are there any ways to force OC/his lawyer to produce all documentary evidence (credit application, transaction statements, transaction receipts with my signature, account history with all debits and credits, etc.) for validation and verification of alleged debt in a civil lawsuit, so I can admit (or deny) it by admission ?
They sent me monthly statements only.
I've requested the discovery and interrogatories from the plaintiff after I received a summons/complaint, but in response they moved the court with motion for protective order, objection to all discovery and a motion to compel discovery, but the court did not respond at all to their motions.
I responded to all of their requests: "I am unable to admit or deny due to lack of sufficient knowledge or information". I stated that I do not have any records or knowledge.
I also filed my motion to compel discovery twice, but the court did not respond at all, either.
I did not admit or deny all allegations, alleged debt due to insufficient knowledge in my answers, admission and interrogatories requested by the plaintiff and I stated that I will take my position after the Plaintiff provide all discoveries.
In response the plaintiff moved the court for Order on Plaintiff Motion to Compel Discovery (better answers for discovery, production, interrogatories, and for admissions) and "if I do not comply the court shall consider upon motion by the plaintiff, a REQUEST TO STRIKE all the pleadings of the defendant (me) and enter a default Judgment without hearing".
1. What I have to do or what I can do to fight for compliance with discovery ?
2. How I can response to the plaintiff's better discovery motion (I don't have any records or knowledge), and can the court strike all my pleadings and enters a default Judgment against me ?
3. Does the plaintiff is not obligated to provide all requested discovery under FDCPA rule before I admit or deny all allegations ?
4. What the court can order to enforce discovery from the plaintiff ?
5. Can I ask the court for dismissal with prejudice because the plaintiff did not comply with satisfactory discovery ?
6. Are there cc monthly statements are enough proof for validation of debt if I did not admit or deny it in my answer and admission?
Please share with me, pro se new bee, you expertise, experience or opinion.
Your response and time will be gratefully appreciate.
Thank you in advance. Best regards.
Are there any ways to force OC/his lawyer to produce all documentary evidence (credit application, transaction statements, transaction receipts with my signature, account history with all debits and credits, etc.) for validation and verification of alleged debt in a civil lawsuit, so I can admit (or deny) it by admission ?
They sent me monthly statements only.
I've requested the discovery and interrogatories from the plaintiff after I received a summons/complaint, but in response they moved the court with motion for protective order, objection to all discovery and a motion to compel discovery, but the court did not respond at all to their motions.
I responded to all of their requests: "I am unable to admit or deny due to lack of sufficient knowledge or information". I stated that I do not have any records or knowledge.
I also filed my motion to compel discovery twice, but the court did not respond at all, either.
I did not admit or deny all allegations, alleged debt due to insufficient knowledge in my answers, admission and interrogatories requested by the plaintiff and I stated that I will take my position after the Plaintiff provide all discoveries.
In response the plaintiff moved the court for Order on Plaintiff Motion to Compel Discovery (better answers for discovery, production, interrogatories, and for admissions) and "if I do not comply the court shall consider upon motion by the plaintiff, a REQUEST TO STRIKE all the pleadings of the defendant (me) and enter a default Judgment without hearing".
1. What I have to do or what I can do to fight for compliance with discovery ?
2. How I can response to the plaintiff's better discovery motion (I don't have any records or knowledge), and can the court strike all my pleadings and enters a default Judgment against me ?
3. Does the plaintiff is not obligated to provide all requested discovery under FDCPA rule before I admit or deny all allegations ?
4. What the court can order to enforce discovery from the plaintiff ?
5. Can I ask the court for dismissal with prejudice because the plaintiff did not comply with satisfactory discovery ?
6. Are there cc monthly statements are enough proof for validation of debt if I did not admit or deny it in my answer and admission?
Please share with me, pro se new bee, you expertise, experience or opinion.
Your response and time will be gratefully appreciate.
Thank you in advance. Best regards.
