Once a Florida Debt Collection case is filed, the debtor by hiring a Florida lawyer, can stall your debt collection efforts. Time is money not only to Florida creditors but, to Florida debtors as well. A common strategy to stall which is utilized by Florida debtors is to file a motion to dismiss your collection lawsuit. In Florida by filing such a motion, it prevents a Florida collection attorney to indicate to the Judge that the debt collection case is ready to be placed on the trial docket.
Our Florida collection lawyer must set the debtor’s motion for a hearing. The hearing may take several weeks to get on the Judges calendar. Once the motion to dismiss the debt collection lawsuit is before the Judge, the Judge will either deny the motion or grant the motion allowing the Florida collection lawyer an opportunity to amend the collection lawsuit.
The goal of any collection attorney and collection law firm is to get the collection case before the Judge as quickly as possible. In Florida, our collection law firm cannot set the case on the trial docket until thirty days after the debtor’s counsel files an answer to the collection lawsuit. Thus, by filing motions to dismiss the collection lawsuit, the debtor’s attorney can delay the collection case by weeks and or months before it reaches a Judge.
Before trial in a debt collection case a collection attorney may try to file a motion for summary judgment. But, any material fact or facts that a debtor can bring before the court in a debt collection case will defeat a summary Judgment Motion.
Our debt collection firm’s goal is to advance the case to trial and judgment as quickly as possible. We welcome you to call or email our firm to discuss a debt collection strategy that is just right for you.