QUESTION
How to respond to a Plaintiff's request for Final Judgment?
Asked on Apr 15th, 2014 on Consumer Law - Florida
More details to this question:
I am a defendant in a Small Claims case involving a debt buying company represented by a Florida collection firm. Sent a letter certified mail to the firm requesting validation of the debt. Never received word back. Lawsuit filed soon thereafter. Pre-Trial Conference was set and after checking in and waiting over an hour Clerk informs me Plaintiff attorney has yet to appear. Instructed to leave by Clerk since time for conference has gone past the scheduled time. Plaintiff then files a Motion for Final Judgment stating I am in default for not appearing at PTC. Statement of Proceedings clearly states that I, the defendant, was present and attorney was to appear via telephonic although I doubt he even called in. How do I respond to this false and inaccurate filing?
1 ANSWER
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
Partner at
Tischhauser Law Group
2 Awards
First, you want to call into judge and let them know you oppose the entry of the judgment ASAP, as many judges will rubber stamp that type of document. Second,if you intend to defend the case, you REALLY should hire a lawyer as it is clear that the lawyer for collections company is wlling to cheat, and you probably wont getfar defending against that type of lawer and the courts will typcially accept thier actions as just bumbling rather than the illicit scheming that it typical represents. The lawyer will know how to use motions for sanctions etc. to get the the opposing side to play straight.
Answered on Apr 15th, 2014 at 12:48 PM
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