Answer and Defenses

IN THE CIRCUIT COURT, IN AND FOR

MARION COUNTY, FLORIDA

 

 

REDACTED OF THE                                     CASE NO.:  

REDACTED OF REDACTED,

 

         Plaintiff,

 

vs.

 

ALAN C. REDACTED

 

         Defendant.

__________________________________/

 

ANSWER AND DEFENSES

 

The Defendant, Alan C. Redacted, by and through his undersigned counsel, hereby files this Answer and Defenses to the Amended Complaint Filed by the Plaintiff, Redacted of the Redacted of Redacted, and state the following:

ANSWER

1.        All allegations of the Amended Complaint are denied.

Any relief sought in the WHEREFORE clause is denied. The Defendant denies each and every allegation in the Plaintiff’s Complaint not specifically admitted above.

AFFIRMATIVE DEFENSES:

FIRST DEFENSE

The Complaint fails to state a claim upon which relief can be granted. The allegations fail to set forth adequate support of prima facie case for damages.

SECOND DEFENSE

The Plaintiff’s action is barred according to the applicable statue of limitations and/or laches.  Specifically, an action in Florida on a judgment or decree of any court of the U.S. must be commenced within 5 years.  See Fla. Stat. Sec. 95.11(2)(a).

THIRD DEFENSE

            The Plaintiff has already received payment from Defendant for some or all of the sums requested in the Complaint.  As such, Defendant is (at a minimum) entitled to a set-off.

FOURTH DEFENSE

The Plaintiffs lack standing to pursue this action.

FIFTH DEFENSE

            At the time Plaintiff filed the complaint, Plaintiff does not appear to be registered with the Florida Department of State, Division of Corporations, as a fictitious name in violation of Fl. Stat. Sec. 865.09.  As such, Plaintiff may not maintain any action, suit or proceeding in any court.

SIXTH DEFENSE

       The Plaintiff has already received payment from Defendant for some or all of the sums requested in the Complaint.  As such, Plaintiff’s claims are barred by accord and satisfaction and by payment.

SEVENTH DEFENSE

     Defendant’s claims are barred due to the applicable Massachusetts statute of limitations.

EIGHTH DEFENSE

     Agent for Plaintiff, Mark Cerel, previously collected some or all of the outstanding judgment from Defendant.

RESERVATIONS OF RIGHTS

The Defendant expressly reserves the right to raise additional defenses as discovery or rulings may reveal.

 

WHEREFORE, Defendant prays that this Court:

A.  Dismiss Plaintiff’s Complaint with prejudice and on the merits;

B.  Award Defendant costs and attorneys’ fees (pursuant to applicable statutes); and

C.  Grant Defendant such other relief as may be just and equitable.

CERTIFICATE OF SERVICE

 

________________________                                   

Michael Massey

Fla. Bar No. 153680