Tag Archives: debtor

HOW LONG DOES IT TAKE A DEBT COLLECTION CASE TO GET TO TRIAL

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Clients often ask our debt collection lawyers how long it takes to go to trial. In Florida after the defendant is served with a collection lawsuit, the defendant will have twenty days to respond to the complaint. If there is no response to the complaint, our law firm will file a motion to enter default and default judgment by filing an affidavit of proof executed by our client. If the Judge is satisfied with the proofs contained in the affidavit the Court will enter Default Judgment.

Florida Collection Attorney and Collection Law Firm

Florida Collection Attorney and Collection Law Firm

If a debtor retains an attorney to defend the debt collection lawsuit, the complaint can be met with defensive motions attacking the merits of the complaint. Often in a collection law case, these motions are delay tactics to buy the debtor more time. Our law firm wants to schedule these motions quickly on the Court’s motion calendar to get these defensive motions resolved. Once we are able to get past defensive motions, after an answer is filed, the Florida Court Rules allow our collection firm to Notice the case for trial. Once the Court receives the Notice for trial, it will select a trial docket and set forth pre-trial procedures to be followed in terms of discovery and mediation. Most cases in Florida are required to attend mediation prior to trial. Depending on the county, our firm can usually get a contested litigation matter to trial within four to six months.

Please feel free to contact our Florida collection law firm and speak to our Florida collection attorney about the specifics facts surrounding your Florida debt collection case. You may mail or email your supporting documents to our collection firm. Our Florida collection attorney will review your account and then contact you to devise a collection strategy for your Florida collection matter.

Stephen B. Gebeloff, P.A.
5255 N. Federal Hwy., 3rd Floor
Boca Raton, FL 33487
(561)953-4600
fax(561)953-4610
[email protected]

 

Florida Post Judgment Discovery

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In Florida, after a creditor obtains a judgment it can serve post judgment interrogatories in aide-of-execution or choose to subpoena an officer or the person with the most knowledge of the debtor’s finances for  deposition. Depending on the size of the collection matter it may be more cost effective to first send interrogatories. In either case the debtor must provide a full disclosure of its assets including, but not limited to, its bank accounts, automobiles, equipment and or other real and personal property. In Florida if the debtor does not comply with post judgment discovery, a Writ for the Bodily Attachment may be issued by a Florida Judge.

Once the creditor has a full understanding of the debtor’s assets, a determination can be made as to whether or not it would be costs effective to pursue its Florida Collection matter further.

Contact Stephen B. Gebeloff, P.A., Collection Law Firm at (561) 953-4600 or email Mr. Gebeloff [email protected] to discuss your post judgment debt collection needs.