I have to go to court next month in Florida because a Junk Debt Buyer attorney sues me for a Credit card debt. I have already filed my Answer and Affirmative defenses and I went for a pretrial conference a couple of weeks ago and the attorney said he can provide 15 pages of evidence and they are not settling the debt for less than the amount I am sued for. I have received 3 pages of the evidence: Affidavit of Debt or Sale; Bill of Sale; Plaintiff's witness list. I don't know what my next step should be. I have been reading some articles online for striking them all or I can file a subpoena for a debt validation.
I have a couple of questions here since I am not an attorney.
1. Is it better to file three separate motions to strike or a subpoena for debt validation together with a debt collector disclosure statement containing 50 questions OR BOTH.
2. If it is better to file the motions to strike am I allowed to file 3 motions at the same time in Florida or it should be one motion striking all three pieces of evidence- the affidavit, the bill of sale and the plaintiff's witness list.
3 I went to the clerk of courts and they gave me three subpoena forms- "SUBPOENA DUCES TECUM FOR TRIAL; SUBPOENA FOR TRIAL; SUBPOENA FOR DEPOSITION.
I am not sure which one of those I should use to fill up the following.
The contents of the subpoena should be the followings:
" I ,the Defendant in the above captioned lawsuit, hereby, respectfully, demand from the Plaintiff the followings:
a). The original Credit Contract, signed by me, setting forth the terms of such a contract.
b). The Debt Purchasing Agreement, setting forth the terms, legality, right and extent of transfer. Please do NOT provide a Bill of Sale, as it does NOT set forth the full terms of the alleged debt purchase, nor does it show what rights has been transferred.
c). A copy of all receipts, for all the purchases, allegedly made by the Defendant, and which has contributed to the total amount of the alleged debt owed, as maintained and reflected in the records of the Plaintiff.
d). A certified complete itemized break down of the amount alleged owed.
e). A sworn Affidavit to the followings:
1). That no consumer protection laws, both State and Federal, has been violated in bringing about this lawsuit.
2). That the total amount alleged owed, is owed in its entirety, to the plaintiff.
3). Whether or not, any part of this alleged debt has been charged-off, claimed as a loss, or an insurance policy has been claimed, as a compensation, by any creditor or debt collector.
f). Fill in the attached Debt Collector Disclosure Statement. (44 questions)