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  1. #1

    Default Is a Pretrial Required Even After a Motion to Quash is Filed

    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.

  2. #2
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    Default Re: Is a Pretrial Required Even After a Motion to Quash is Filed

    Generally speaking, small claims court proceedings happen "all at once" - one hearing. I understand that your daughter has filed some documents, but I don't know if she properly served those documents and noticed them for hearing - it sounds like she did not notice them for hearing, in which case the court may not even be aware that they're in the file. Generally speaking, the proponent of a motion will want to be present in court to argue her motion. She can contact the clerk of the court to see if they will allow her to appear at the hearing by telephone.

  3. #3

    Default Re: Is a Pretrial Required Even After a Motion to Quash is Filed

    Thanks for the response. When I filed the Motion to Quash I mailed a copy to the Plaintiff's attorney. What do you mean by noticed them for hearing?

  4. #4
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    Default Re: Is a Pretrial Required Even After a Motion to Quash is Filed

    Normally when someone files a motion, they obtain a court hearing time and date. I don't think that happens in small claims or when it is a jurisdictional motion. The court will generally hear it sua sponte, on its own motion. Sometimes a hearing for oral argument is not required, and I doubt it is required in small claims. If the defendant lives in another state that person does not need to appear, that would be ridiculous. The point is that the court has no personal jurisdiction and lacking such jurisdiction it can't make any decisions before decided if it has jurisdiction. Under the fact and proof as you provided, it would have no choice to dismiss. There is no way for the debt collector to overcome that evidence.

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