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

Asked over 5 years ago - Tampa, FL

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)

  1. Dennis Michael Phillips

    Contributor Level 17

    Answered . 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/0a9...

    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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