Legal Question in Credit and Debt Law in Florida

Debt collector filed a Amended Complaint after time passed

I highly appreciated if anybody can help me.

At the first hearing of my Debt collectors court case judge ordered to Debt collector to submit credit card statements within 60 days, but Debt collector filed an amended complaint with attached CC statements. After 17 days passed 60 days (at 77th day). Can I file a motion to dismiss due to time passed to submit, according to FLORIDA RULES OF CIVIL PROCEDURE - RULE 1.090. TIME

If so what is the heading should be such as � Motion to dismiss due to lapse of time � or something else


Asked on 3/08/10, 4:22 pm

2 Answers from Attorneys
David Labovitz Labovitz Law Firm, P.A.

I don't think Rule 1.09 works for you here. Maybe if you were in federal court they might have gotten in trouble by the judge, but a late filing in state court probably isn't going to cause much fuss. You really don't have much chance to win a motion to dismiss on that one.

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Answered on 3/13/10, 7:50 pm
Angelo Marino Angelo Marino Jr. PA

You should file a motion to compel and or motion for sanctions for failing to provide the information. Why are you doing this alone. Consumer lawyers do these cases for free or for very little money if the case is right. For a consumer lawyer in your area, go to

http://naca.networkats.com/members_online/members/directorya.asp?token=

Want to know the law? Sign up for our free newsletter on varies areas of the law by sending an email to [email protected] and requesting the newsletter, or go to www.ConsumerLawyerHelp.com.

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Answered on 3/14/10, 9:31 am


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