Legal Question in Credit and Debt Law in Florida

I was sued by a lawyer here in Florida representing Discover Card. I filed an answer with the court listing my affirmative defenses. There were about 8 points in the Plaintiff's filing, to which I answered, "Deny and Demand proof thereof", and then I listed my affirmative defenses. I filed the Answer with the court before the allotted deadline and sent a copy to the Plaintiff. It's been about two months and I've heard nothing. Should I file a motion for summary judgment or should I just wait, and if so, for how long can I expect to wait before the Plaintiff responds? Is there a length of time when the matter just expires if the Plaintiff fails to respond? I think this debt was purchased by a lawyer who files, hoping for a default judgment, and may not be able to assert the complaint. I know -- "See a lawyer" --- but I'm broke.

Asked on 2/01/12, 11:40 pm

Sanford M. Martin Sanford M. Martin, P.A.

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You should be patient because two months to wait for a reply to your answer is not

unusual. Filing a motion for summary judgment is not advised at this time. If the plaintiff

does not proceed with the action, the court will dismiss it after a year. Unless your

objective is to prove the debt cannot be proved and to recover court and other costs

from the plaintiff, there is little reason to push the matter.

Answered on 2/02/12, 5:40 am

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