Expert: Creditwrench - 4/19/2010

Question
I'M GETTING SUED BY A CREDIT CARD COMPANY FOR A CREDIT CARD DEBT, I WANT TO FILE AN ANSWER TO THE COMPLAINT AND I WAS WANDERING WHAT ARE SOME GOOD ANSWERS THAT YOU MIGHT RECOMEND, THEY PUT 4 COUNTS, CREDIT CARD, MONEY LENT, UNJUST ENRICHMENT, AND ACCOUNT STATED, THE DEBT IS FOR $24K.  I WAS THINKING OF ANSWERING AGAINST THE CORRECT BALANCE, VIOLATION OF THE FAIR CREDIT COLLECTION PRACTICES ACT, FAILURE TO PROPERLY CREDIT MY ACCOUNT, IMPROPER DEMAND OF PAYMENT, FAILURE TO VERIFY INCOME OR ASSETS BEFORE ISSUING CREDIT.
ALSO I WANT TO FILE FOR DISCOVERY, FIRST SET OF INTERROGATORIES, HOW DO I DO THAT IN FLORIDA, DO I HAVE TO FILE IT WITH THE COURT, OR JUST SEND IT TO THE LAWYERS OFFICE, HOW LONG DO THEY HAVE TO ANSWER.
THANKS FOR YOUR HELP

Answer
I can't answer all your questions in public forum but how would you answer against the correct balance? Then claiming violations of FDCPA is not a response to the complaint. You must somehow address the issue before the court which is whether you owe the money or not. If you wish to counterclaim or sue in a separate action for FDCPA violations that would seem to me to be a much better way to go at it. Failure to properly credit your account? Can you prove that claim? If not then it won't be likely to cut much ice with the court. How did they demand payment that was improper? In any event that would not be a proper response for the same reason as for FDCPA complaints. What law says they have to verify income or assets before issuing credit? Even if there is such a law that wouldn't be a defense either. If you knew that you had insufficient income or assets then why did you accept and use the credit? It is your responsibility to manage your affairs, not theirs. If I were to demand discovery I would just send them to the plaintiff's attorney without filing anything with the court unless I were in federal court where discovery is not allowed until ordered by the judge. How long do they have to answer? You need to study your rules of civil procedure to find that out. I can't know all the rules of civil procedure for all 50 states. But quite frankly I would not file a local case for FDCPA violations. I'd file in federal court because FDCPA violations are federal questions. You might have a case under Florida consumer protection laws as well but if you file at the local level and the judge rules on the merits of your complaint then you can't bring a federal case on those same issues. You could but your defendant would probably file motion to dismiss based on Res Judicata. You obviously need serious help I can't give you in this forum because I'm not a lawyer and I can't give you legal advice.