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Do I have to be present for a motion to compel hearing under FL civil procedure

Asked over 3 years ago - Orange City, FL

Lawsuits

amotion compelling me to phone deposition has been ordered for me for the repo of my vehicle in 2007. The attorney is well aware that I Cannot pay for it and will not let up. I do not understand why he has nt file for a judgement like my other creditors. Do i have to attend? What happens if I do not attend? Please advise. Thank lyou

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Please note I am not able to file for bankruptcy until June of 09. I do not have the
financial means of paying these debts as they happened at a critical time when my ex-spouse
was incarcerated. His salary was gone and i was left to deal with all the bills/debts. I have not
been able to financially recuperate from this ordeal.

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Attorney answers (1)

Daren L Rubenfeld

Reputation Level 9

Answered over 3 years ago. Real Estate Attorney in West Palm Beach, FL.

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A motion to compel is a pleading filed in the court. A hearing on the motion will be set before the judge in the collection matter. If you want to defend the motion you must appear in court. If you do not appear, or if you lose the hearing, you must appear for the deposition. If you do not appear for the deposition, the attorney may file a motion for sanctions. Upon losing the motion for sanctions you may be fined, held in contempt of court and even jailed.

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