Legal Question in Credit and Debt Law in Florida
So, how can this happen: I was online and find that a collection agency filed a case against me with about a month ago and a pretrial date is set for a few days from now. I see under dockets a statement of claim, and some affidavit, what the heck is all this and how can a pretrial date be set and no one has contacted, no subpoena, nothing. Can someone please explain what the heck is going on?
2 Answers from Attorneys
You were probably served by constructive service (ie notice of action filed in the newspaper). Be sure you go to that hearing and tell the judge what you have just stated. More than likely the judge will continue this hearing to allow you an attorney or to make arrangements for payments without going against your credit.
If this is small claims court, the pretrial is generally set so that the court tcan send you and the credit card company to mediation to settle the case. If you cannot settle it, then the case will be set for trial. YOU MUST APPEAR OR THE COURT WILL ENTER A JUDGEMENT AGAINST YOU. For the sake of agrument, assuming the case is not settled in mediation, then request to see the judge and move to dismiss the case for lack of personal juridiction. This means you were never served properly.
I suggest you consult a consumer lawyer about this. Most of us can tell you if the case can be won by you in a simple review of the pleadings. Many of us who take these cases do not charge and seek our fees from the credit card company. Sometimes we can negotiate the matter out for a small fee. For a consumer lawyer in your area, go to
http://naca.networkats.com/members_online/members/directorya.asp?token=
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