Legal Question in Credit and Debt Law in Florida

Countersuit against Judgement

I have a judgement against me originally filed in the a different State from which I reside, by a former employer. I did not attend hearing, as I live in 1500 miles away and at the time was going through a ''personal hardship'' (total loss of contents from house fire). Subsequently, a ''Foreign Instrument'' was filed in my county of the state which I reside. I objected to, due to hardship of not being able to attend original hearing, out of state. I was overuled and now local attorney is attempting collection proceedings pursuant to FL Rules of Civil Procedure 1.350 ad 1.560 requesting that I produce Financial Records for 5 years.

My question is, (1) I would like to bring counter suit against the employer for financial hardship, slander and mental harassment & stress and (2) delay any collecton proceedings.

Is the delay of collection proceedings possible, and will counter suit, assist with delay?


Asked on 4/18/01, 11:07 am

1 Answer from Attorneys
Anthony Comparetto Comparetto Law Firm

Re: Countersuit against Judgement

To attack the original lawsuit you must go to the state of its original entry. You cannot bring a counter-suit in Florida. What you can do is see if you have a independent reason to sue in Florida and bring a new lawsuit.

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Answered on 6/16/01, 8:51 am


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