My question involves small claims court in the state of: Florida
My daughter has been living in NY since June 2010. In Feb 2011, she was sued by a debt collector in Florida small claims court. The summons and complaint were served at my house. While living in Florida, she never lived at the address where the summons was served. The pre-trial conference is scheduled for April 14th. She is a do-it-yourselfer and a college graduate so she did research and drafted a Motion To Quash Service for Lack of Personal Jurisdiction. My wife and I signed affidavits stating that she lives in NY and never lived with us at the address where the service occured. She mailed me the motion, notorized in NY, and I filed them at the courthouse today. Will she be required to appear for the pre-trial hearing? If so, can she "appear" by telephone? Will the pre-trial be postponed while the judge considers the motion? Please advise.