Whether you have credit card debt, medical bills, personal loans, or an auto loan, if you are being sued over it in Plantation, the situation is a very serious one. If you have been served by a private process server or a Sheriff’s Deputy, it is time to speak to one of our Plantation, FL debt attorneys.
Many debt lawsuits throughout the state go undefended, allowing the plaintiff, or the party or person suing you, to win their case by default. It is important to note that there are defenses available and if you are successful with your case, you may no longer be responsible for repaying the debt. Below, our seasoned attorney explains the process you may have to follow after receiving notice of a lawsuit.
Understanding Debt Collection Lawsuits in Plantation, FL
Debt collection lawsuits are either filed directly by creditors, the companies, or financial institutions that provide loans and credit or by assignees, which are debt collection companies that purchase the debt from creditors. In most instances, debt collection companies or the law firms that represent them, are the plaintiffs in these cases. Debt collection lawsuits are almost always filed in state court, usually in the county where you live at the time, although there are some exceptions to this.
Two trial-level courts throughout Florida have different divisions within them to distribute administrative duties and caseloads. The two trial-level courts are the Circuit Court and the County Court.
- The County Court has jurisdiction in cases that involve an amount of debt that is $15,000 or less.
- The Circuit Court has jurisdiction in cases that involve an amount of debt that is $15,000.01 or more.
- Small Claims Court is a division of the County Court and it hears cases that involve an amount of debt that is $5,000 or less.
If you have received notice that a creditor or debt collector has filed a lawsuit against you in any of the above courts, you must give it the attention it deserves. The lawsuit means the party suing you is trying to obtain a wage garnishment, seize your property, and take other measures to try and recover the debt. If you do not respond to the lawsuit, the party suing you will ask the court for a default judgment, which will allow them to automatically win their case. If a judgment is issued against you, the creditor or debt collector has 20 years to collect on the debt, which means you may live with the consequences for the next two decades.
The Process of Small Claims Court in Plantation, FL
Lawsuits governed in Small Claims Court in Plantation are governed by the Florida Rules of Judicial Administration, the Florida Small Claims Rules, and the Florida Evidence Code. The Rules of Evidence in Small Claims Court are the same as those in other legal proceedings, but they are a bit more relaxed to allow private citizens a fair opportunity to defend their case.
If a creditor or debt collector files a lawsuit against you in Small Claims Court, you will receive a “Notice to Appear” with the notice of the lawsuit. The Notice to Appear will indicate the date and time you are to appear for a pre-trial conference in court. Your attendance at the pre-trial conference is mandatory, although your Plantation, FL debt attorney can appear on your behalf.
You are not required to provide a written answer to the lawsuit and doing so will not protect you from a default judgment should you fail to appear. If you do not appear, the party suing you will ask the court for a default judgment with the number of damages they are requesting and the court will likely grant it.
It is important to remember that your pre-trial conference is not a trial and so, you will not have an opportunity to present your defense at this time. However, you will be able to speak to the party who is suing you and potentially arrange a settlement agreement. The court will also ask you if you agree or deny the claims the plaintiff has made against you.
If you are unwilling or unable to reach a settlement agreement, a trial date will be set by the court. You will also receive notice of the location, time, and date of the trial. In some cases, other matters such as discovery and motions must be handled before a trial date is set. Either party can also try to have the case disposed of by a Summary Disposition. This occurs when a decision is made about the case before trial when there are no facts or arguments for a judge or jury to decide on. When cases do go to trial, they are usually only heard by a judge, although juries are sometimes involved.
The Process of County and Circuit Court
Cases heard in the County and Circuit Courts in Plantation are governed by the same Rules of Evidence as Small Claims Court, but they are not relaxed in these proceedings. Other than the amount in question, cases heard in County and Circuit Court proceed much like Small Claims Court.
However, you must respond to the lawsuit in writing, and you have only 20 days to do so. You are not required to appear in court unless a hearing date is set. There is no pre-trial conference in the County and Circuit Court. Again, if you ignore a lawsuit filed in these courts, you will lose your chance to defend yourself and will likely lose your case.
Our Debt Defense Attorneys in Plantation, FL Can Help Through the Process
Regardless of which direction your debt lawsuit takes, you need to have sound legal advice throughout the proceeding. At Loan Lawyers, our Fort Lauderdale debt defense lawyer can provide it and will answer all of your questions, making sure you are fully prepared. Call us today at (954) 523-4357 or reach out to us online to schedule a free review of your case.
