Legal Question in Civil Litigation in Florida
I am being sued for $520 in small claims court in Orange County Florida. My question is, what happens if I lose? I know a judgement could go on my credit, but If I pay immediately, do they still issue a judgement?
2 Answers from Attorneys
The first thing that happens, in small claims, after you file a response, is usually mediation. Many matters are settled at mediation, and during mediation you can make an offer to pay the plaintiff. If the case is settled, it will be dismissed, and no judgment will be entered. If you believe you owe the money, it may be best to try to settle it in mediation.
If it is not settled at mediation or at another time prior to trial, it will go to trial or summary judgment, a stage where you will have a chance to defend, of course, and the end result may or may not be a judgment against you.
Another thing to consider is that, although a complaint may be for only $520, it could potentially result in a judgment for a much greater amount if it also asks for an award of attorneys' fees and costs. Attorneys' fees are often much greater than $520, and sometimes attorneys will take cases just because they believe they can obtain an award of fees.
Good luck.
If you pay the debt before the court hearing and agree that the plaintiff will dismiss the case with prejudice against you, the case is over. If they get a judgment, see my website on garnishment. Want to know the law? Sign up for our free newsletter on varies areas of the law by sending an email to [email protected] and requesting the newsletter, or go to www.ConsumerLawyerHelp.com. See www.FL-PI-Lawyer.com for your personal injury needs.