Lost FL case today :( Depressed
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Posted by SunnyD
(63.121.87.156) on March 02, 2004 at 11:48:09:
Here is my story : I first got a court summons (initial complaint) in August 18th for a credit card debt (last payment date : July 7th -- so within SOL). I answered the summons, stating in my affirmative defenses the SOL. Attorney for collectors then filed motion for Summary judgement in FL. Case was to be heard March 2 (today). Here comes the kicker :- The room number on the motions was wrong. Went to the wrong room and waited nearly an hour on the bench. The judge walked in and after about 5 minutes finds out that I was in the wrong room. He had already heard the case with only the attorney for the collector present and he ruled in their favor. He told me there was nothing he could do. I should have been in the correct room. There were a number of other people in the room so I had to leave the room. Before leaving the courthouse, I wrote a note to the Judge saying :- I was in the building about 10 mins before the case was due to be heard, but ended up in the wrong room. Can you please set aside judgement and set another date for the hearing ? I left this note with his assistant who promised to bring it before the Judge. My problem now is that (1) A default judgement has been passed in the collectors favor (2) I'm not even sure the Judge will look at the note since it was handwritten (very neat, but still handwritten with case number, date and request for re-hearing). My big worry also is that if the Judge could just decide in the collector's favor even with all the written answers and responses in front of him, then is he more likely to rule the same way again when (or if he allows me to) appear again. For instance, he did not seem to look at or agree with the SOL. Is it worth just going ahead and appealing the judgement (rather than asking for a re-hearing) ? Please help and thank you.
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