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Summons/notice to appear for pretrial conference - Missed the court date

Tampa, FL |
Filed under: Litigation

My wife received a summons/notice to appear for pretrial conference but missed the court date. The plaintiff is supposedly Capital One. The account has been charged-off so I am thinking it is a dept collector. what should or can she do at this point? Who if anyone should my wife notify stating she missed the court date.

Attorney Answers 1

Posted

Check the court records online to see whether a final disposition has been entered in the case. If you can't find that, then go down and pull the court file and take a look. I suspect that the lawyer for the Plaintiff obtained a judgment. If so, then you should read the following from the Florida Bar regarding debtors' rights. It'll give you some insight into what to expect.

http://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/f1bc20015cfdb2e985257408005290ed?OpenDocument

If a judgment has been entered, it's possible under Fla.R.Civ.P. 1.540 (Rule 7.190 for small claims) to move to vacate the judgment; but you're gonna have to have a good reason for missing that court date.

If a judgment has not been entered, then you have more flexibility.

You need to discover the status of the case for us to advise you what your options are.

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