What is Summary Disposition or Summary Judgment
» Print This Page- June 29, 2023
- Debt Collection Lawsuit Defense
In many cases where a debt collector has sued a Florida consumer on a credit card debt or other consumer debt, they will file a Motion for Summary Disposition (in Small Claims or County Court) or its equivalent in Circuit Court, a Motion for Summary Judgment. This is a very important legal document, and you should never ignore it.
Although Florida residents have a constitutional right to a jury trial, that right is not absolute. For example, if there are no facts in dispute, there is nothing for the jury to decide. A Motion for Summary Disposition means that the debt collector is telling the court that there are no facts in dispute, and that they should within right away, without any trial. Generally, they say that you have not formally disputed that the debt is valid and that you owe the money. They then argue that the law allows them to get a judgment against you.
It is critically important that you respond appropriately to such a Motion. If you do not respond formally to the Court, you can lose your lawsuit before you even have a chance to explain your side of the story. Don’t let this happen to you.
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