Legal Question in Credit and Debt Law in Florida
credit card debt
A collection firm sent us a judgment for collection on a credit card debt that they said was obtained by phone with a judge and not by appearing at court. Is it possible to get a judgment from a judge by phone?
3 Answers from Attorneys
Re: credit card debt
i doubt it.
Re: credit card debt
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Not only is a telephonic hearing possible upon request by one of the parties but the judge can order it his/her own.
Judicial Administration Rule 2.071(b) and (c) permits the court to order a motion hearing to be
conducted telephonically. However, in order for the court, sua sponte (upon the court's own decision), to direct such a hearing, the judge must give notice to the parties and "consider any objections they may have to the use of communications equipment" before ordering that such equipment
be used. See Fla.R.Jud.Admin. 2.071(b). Only after such objections are considered may the court exercise its sound discretion to determine whether the telephonic equipment shall be
used. Telephonic hearings may be requested by a party, but such
request must be in writing and must be reasonably noticed to all
other parties. Rule 2.071(c). SOMERVILLE v. REUSSER, 649 So.2d 339 (Fla.App. 5 Dist. 1995).
Scott R. Jay, Esq.
Re: credit card debt
What likely happened is the plaintiff's attorney's moved for judgment, set a hearing and asked to appear by telephone. My experience is that the Court requires the party appearing by telephone to so state in the notice of hearing.