In Florida, once a Florida Collection Law Suit has been filed, the Clerk of Court will assign a case number. The Clerk will also issue a summons to be served on the Florida Debtor with the collection lawsuit. The summons will direct the debtor to file a responsive pleading to the creditors allegations contained in the complaint within twenty (20) days. If the debtor does not file a responsive pleading, our Florida collection attorney will petition the Court to enter Default. If a responsive pleading is filed, litigation with ensue pursuant to the Florida Rules of Court. The Florida litigation process will be examined in future posts.
If Default is entered, our Florida collection law firm will prepare an affidavit for the creditor to fill out and return to our office. The affidavit will indicate how much money is due to the creditor. Once the affidavit is returned to our Florida collection lawyer will file a motion to enter default judgment with the Court. Our Florida collection law firm will ask the court for the costs incurred by the creditor to file the collection lawsuit and prejudgment interest. In Florida each party is responsible to pay their own attorney’s fees in a collection case unless there is a written agreement between the parties allowing the recovery of reasonable attorneys’ fees , the purchase orders and or invoices allow for the recovery of attorney’s fees or as allowed by a Florida Statute.
Once Default Judgment is entered in Florida, our Florida Collection Firm and collection lawyer will be able to begin enforcing the Judgment and attempt to collect your money that is due. Post Judgment collection techniques in Florida will be discussed in other posts on this site.
There are many things to consider when trying to collect a Judgment in Florida. Please feel free to contact our Florida Collection Firm to discuss your Florida collection cases. After a review of your case, Mr. Gebeloff will devise a collection strategy that is appropriate for you.
Contact Stephen B. Gebeloff, P.A., Collection Law Firm at (561) 953-4600 or email Mr. Gebeloff email@example.com to discuss your Florida debt collection needs.