[gusone1]

I had a credit card collection Hearing that turned to be a Judgment against me and in plaintiff favor. The judge said I was suppose to answer the claim but I did not. I tried to explain to the judge that at the last hearing the plaintiff was requested by the court to produce evidence that I owe the claim. I further told the judge that I have not received any communication neither from the plaintiff nor from the court. The plaintiff counsel was on the phone during the hearing and he used some Florida codes that allows him to get a summary judgment. All I understood from the judge is that since I Did not answer the so called (response to claim), therefore, she has no choice but to grant the plaintiff a judgment. I just wanted to know if I have any rights to file an appeal to the judge's judgment. This just happened a few days ago. I live in the State Of Florida. Thank you in advance for any advise...

[JudyKayTee]

If the Judgment was granted due to some misinterpretation of the Law or other ERROR, yes, you can move to get it dismissed and the matter reheard.

Did you answer the original papers which were served on you in writing? If you did not I see no material default.

What is your defense? If you get the Judgment overturned you will be served again and the matter will be heard - again. Do you believe the credit card company cannot prove the claim against you?

[ScottGem]

Well the first thing is you need to know what codes the lawyer cited which gave the judge no choice. Second, you have to find out what court order that was issued requiring you to answer the claim.

If you can prove that you received no communication that you were required to answer and/or the statutes cited by the lawyer were not applicable, you may be able to vacate the judgment.

I would also go back to the original judge to get a copy of the order for the plaintiff to produce evidence of the debt.

[JudyKayTee]

I looked this up once before - it's Florida Civil Procedure Rule 1.510(c). Basically this Rule allows a Summary Judgment IF documentation proves that there is no genuine MATERIAL issue of fact and IF the Plaintiff (moving party) is entitled to a Judgment by Law. It also allows a Summary Judgment when it's an argument of Law involving undisputed basic facts.

I question whether this Statute/Rule applies in this case where apparently there IS a substantial issue of fact (evidence) or not.

It appears to me that if OP did not answer appropriately a Summary Judgment could be granted on those grounds alone. However, I do understand that the Court did allow OP to speak and present argument which WOULD indicate there was an appearance.

Agree - get a copy of "original" Order - but I do believe this is the Section that the Plaintiff used.

[excon]

Hello g:

You may only have 10 days or less in which to file your appeal... Don't dither.

excon

[c2l3b]

HELP! I am about to have the same experience, can I avoid it?
I just had pretrial and it went to mediation where I asked for proof, signed documentation of the debt and that I owed that amount by the original creditor.
The attorney said they didn't have it because the account could have been opened online or over the phone. She said she could provide statements and transactions. I was informed that the card was opened on 11/21/00, charged off on 3/4/05 and now totals at $6,865.57 which is already much higher than the price on the complaint of $4,221.93.
I just received a letter stating that the plaintiff's witness will appear by phone but I never received a claim stating I need to respond. I still have a couple of weeks, should I send something to the company asking for validation of debt and respond? Or was my claim answered when I showed up to the pretrial and signed the conference order and notice of trial form? Alos, after she provided the charge off date, wouldn't this be considered to be expired through the Statute of Limitations?

Sorry for piggy backing off the original request. Any advice would be greatly appreciated!