Q: Can I refuse to make a telephonic appearance for a hearing for Motion For Summary? The courthouse is closed due to Covid
I have a court date for 4/13/20. I received a voice mail 4/3/20 from the judge's assistant requesting I call her back so that she can give me instructions on how to do to a telephonic appearance. I have not called back. If I don't call back for instructions, will the judge issue a default judgment? This is for a collection in Florida.
A:
If you were the judge in your case, wouldn't you rule against the party who was formally noticed for hearing and refused to communicate with the Court after the Court left a message on a working voicemail? If you do not cooperate, the Court will likely grant the summary judgment motion and thereafter enter final judgment.
Once final judgment is entered, if you don't pay up within 30 days, the plaintiff may take further collection action (such as asking the Court to issue writs executing on your assets or wages) without any advance notice to you. If the amount sought is more than chump change, it's best to consult an attorney on strategies to protect yourself.
Terrence H Thorgaard , Bruce Alexander Minnick and Jay P. Lechner agree with this answer
1 user found this answer helpful
A:
It is NOT possible for any lawyer answering questions here on Justia to tell you what is going to happen on April 13.
However, out of the goodness of my heart I will tell you this: If you fail to follow the clerk's simple instructions and then pretend you never heard about the telephonic hearing, do not get caught; and if you do get caught, do NOT lie about it.
Terrence H Thorgaard and Jay P. Lechner agree with this answer
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