Kissimmee, FL asked in Civil Litigation for Florida

Q: FAILURE TO APPEAR

i was served notice to appear for a civil suit (credit card debt). I immediately called the creditor and paid the debt. I then received a dismissal letter. The pretrial date was 2/12 but on 2/11 there is a court document for voluntary dismissal with prejudice from the plaintiff. Since it was dismissed, I did not appear. Was this a mistake? I can't imagine a warrant would be issued for this. I assumed since it was dismissed I didn't have to show. Maybe I should have asked this question before the pretrial date. Thanks

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1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: You are correct that you don't have to appear after dismissal. To have peace of mind, however, you can check the on-line court docket and see all filed court orders. Google: court clerk records search [insert your county]. Then look for civil court records. Then find the search field where you input your name, and you should see all cases in which you were a party, then click on your case. Alternatively, you can visit the Clerk's Office for them to show you the docket (list of filed court documents).

By the way, if you were in a situation in which you failed to appear for a civil court date when you were required to, the Court would not issue an arrest warrant. Instead, it would find you in default and then enter a judgment against you.

Terrence H Thorgaard and Bruce Alexander Minnick agree with this answer

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