Debt Collection Defense Attorneys
Regardless if it concerns your automobile, credit cards, personal loans, or medical bills, a situation where you experience a lawsuit due to delinquent debt is a serious one. When a Sheriff’s Deputy or other process server delivers papers to you, it is time to consider an attorney familiar with the debt collection state laws in Pembroke Pines.
This qualified legal professional can help you decide on the best course of action to handle this situation. In a number of situations, many defendants don’t even go to court to defend themselves in Florida court. If this occurs, the suing party will prevail by default.
General Information on Debt Collection Lawsuits in Florida Court
A creditor will typically file this type of case directly. The creditor is the company, bank, or other financial institution that provides the loan, product, or service. This entity may also represent the creditor. What this means is a company that buys the debt from the creditor, owning the debt after the acquisition.
A debt collection lawsuit will almost always reach the state court level, often where a debtor resides at the time the creditor files. However, a few exceptions to this rule exist. The jurisdictional court will depend on the amount of money the case concerns. This total excludes interest, costs, as well as attorney fees.
Florida wields two trial-level courts that may provide different divisions within them. This helps the system spread out the caseload, as well as administrative duties. These two divisions reflect both the County Court, as well as the Circuit Court.
In any debt collection case, it is important to remain familiar with debt collection state laws in Pembroke Pines, and closely monitor your case as you work through the process. If you ignore the situation, the case could arise when you least expect it, even years later.
A judgment remains valid under debt collection state laws in Pembroke Pines for up to twenty years from the date of issue. There is additionally no requirement that the creditor must maintain contact with the debtor, or provide any advanced notice of continue collection efforts.
Unfortunately, many Florida debtors will ignore their case entirely, refusing to answer the lawsuit. This is when the defendant fails to appear, even in small claims court. The court will then enter a default, essentially awarding the victory to the creditor. All they need to do is file the necessary paperwork to the clerk before entering a final judgment.
County and Circuit Court Debt Collection Suits in South Florida
Cases which the County and Civil Court of Florida hear remain governed by the Florida Rules of Civil Procedure, as well as the Florida Evidence Code. The procedure behind these cases is the most notable difference between cases.
In these cases, the defendant receives their summons and complaint. The summons will require that the defendant files a response within twenty days of the date of service. However, this does not include the day the defendant receives service. In these cases, no require appearance exists unless the court sets a hearing.
For the majority of individuals, they will discern little difference in the procedures and processes behind Civil Court or Circuit Court cases. Either way, if you receive service of process, and begin experiencing the difficulties that a debt collection lawsuit may pose, it is important to handle the case by enlisting an attorney that is well-versed in debt collection state laws in Pembroke Pines.
While the courts allow defendants to fight these cases without an attorney, the creditor suing in the case will likely equip themselves with an experienced attorney to represent their best interests during negotiation, in addition to litigation.
The attorney on the plaintiff’s side likely handles hundreds of these cases. For this reason, they will also know precisely how to handle the unique nature of any debt collection case. With an attorney on their side that knows the debt collection state laws in Pembroke Pines, you as the defendant should enlist a similar professional.
An Attorney Familiar with Debt Collection State Laws in Pembroke Pines from the Law Offices of Paul A. Humbert, P.L.
Any debt collection defendant possesses a wide variety of strategies they may utilize while dealing with a lawsuit. Nevertheless, these strategies will heavily depend on the type of debt, the suing party, as well as a multitude of other specifics.
At the Law Offices of Paul A. Humbert, P.L., our attorneys pride themselves on working closely and harmoniously with clients. This is the most crucial step in offering clients practical solutions that can help them with consumer debt issues.
We do everything in our power to cultivate the best possible options that clients may not even realize exist before a consultation. Our team represents both large and small clients in negotiation, and in the courtroom.
We represent consumers that defend against debt collection suits throughout the South Florida community. To optimally serve our clients’ needs, we employ every skill developed over the course of a combined 20 years of experience.
Although we represent both creditors and debtors, this actually allows us to position our firm uniquely to serve as advocates on our clients’ behalf. Our skills represent the best possible solutions in debt collections law.
For more information on our firm, and how an attorney that is familiar with debt collection state laws in Pembroke Pines can serve you, contact us to schedule a consultation with our firm today!