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?


Asked on 4/04/07, 7:29 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: credit card debt

i doubt it.

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Answered on 4/04/07, 7:50 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: credit card debt

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

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.

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Answered on 4/04/07, 11:03 pm
Barry Kaufman The Law Office of Barry W. Kaufman

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.

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Answered on 4/05/07, 8:13 am


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