I have been served summons for an old (charged off) credit card debt. I filed my answer with the county court in FL within the 20 day time frame, requesting validation of the debt as well as pointing out, that this debt is out of the statute of limitation. I requested a reply within a 30day time.

... so nothing happened, but now (approx. 5 weeks after the 30days were up), I received a letter from a law firm for "Notice of Production from Non-Party", basically planning to issue a subpoena to the original credit card company to provide records on my account.

With having this received, I assume, the debt collector has absolutely no records on my debt and therefore no basis to their claim.

My question is, can I (as the defendant) interfere with the subpoena. Maybe to answer the plaintiff, that they have voided any rights to the claim as they did not reply within the requested 30 day period? Or what should I do? Their letter to me asks for any objection to be made within 15days, otherwise the law firm will apply for this subpoena with the clerk of the court.

What should I do?

Tks

Submit an objection that they have not supplied information within the 30 days granted them. And as for a dismissall of the suit.

Hi Scott,
Thanks for the fast reply. Is there any specific standardized wording or phrasing, that I should use for this objction?

And also, do I have to file a copy with the clerk of the court for this objection? The letter from the law firm looks like, it only has been send to me so far. Basically saying, if there is no objection within 15days, they will move forward with the request for the subpoena.

Tks,

Copy the court on any correspondence. Keep your language simple.