Legal Question in Credit and Debt Law in Florida

Miscellaneous liens. Fl. Stat. 713.585 [1] (g) "Notice that the owner of the vehicle or any person claiming an interest in or lien thereon has a right to a hearing at any time prior to the scheduled date of sale by filing a demand for hearing with the clerk of the circuit court in the county in which the vehicle is held and mailing copies of the demand for hearing to all other owners and lienors as reflected on the notice."

Good morning, I would like to know just what is involved and the form needed, to "file a demand for hearing with the Clerk of Circuit Court" printed in a section of the Florida Statutes headed

"Miscellaneous Liens". I'm familiar with a more normal procedure i.e filing a Motion, in connection with an established case but the above clause (g) just appears on an auctioneers Notice in small print (what "Case" could there be in this situation??) and I want to contest his proposed sale of a vehicle, on which I and others have existing priority liens, which, under rigged auction conditions, i.e. an intentional no bid "arrangement", caused by the setting of an unrealistic reserve price, would be eliminated. Sincerely, S.P. Whitney


Asked on 6/13/12, 6:22 am

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

You must have a judgment that was filed against you for the taking of the vehicle. Use the heading of that judgment and then caption it Notice of Hearing. In the body of the hearing it will ask what the hearing is for - demand hearing prior to the scheduled date ______________ of sale. Send the notice to all involved. You must set the hearing with the judge who issued the judgment - ask the Judicial Assistant for a time and date certain. Then serve the Notice of Hearing.

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Answered on 6/13/12, 7:24 am


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