Tag: Miami Debt Collection Lawyer

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Florida Collection Defense

Florida Collection Defense Help

Collection Letter Response

Russell Law and Patrick Russell, Esq. , a Miami Debt Collection Lawyer, are available to defend you in a Florida collection defense matter or case.  If you receive a collection or demand letter from a collection agency or a law firm, you should immediately seek the assistance and counsel of a lawyer. Russell Law will defend you against overzealous collectors and protect your rights in Court against unjust claims.  Normally, all collection or demand letters have deadlines to either resolve or dispute the claim. As a practical matter, you do not want to ever waive any of your rights.  As such, the initial collection or demand letter should be treated very seriously. Collection activities are regulated by both Federal and State law and they cannot be misleading or inappropriate.  We can assert claims on your behalf against a collector that violated the Fair Debt Collection Practices Act or its Florida equivalent.  Further, Russell Law can assist you in protecting your rights and responding intelligently to a collection letter by disputing and/or seeking verification of the debt.

Collection Lawsuit Response

Just the same, if you receive service of a lawsuit, you should immediately seek the help of a lawyer. All lawsuits have time deadlines by which you must file a written response. Calling the Court or the person who filed the lawsuit against you is not enough. Unless you get a written extension of time, you must file your written response in a timely manner.  The Florida Rules of Civil Procedure require that your written response be in a certain form and format. The failure to observe the Florida Rules of Civil Procedure may result in a default being entered and the entry of a final judgment against you.

Florida Collection Defense Benefits

No matter if it is a collection letter or lawsuit, Russell Law and Patrick Russell, Esq., a Miami Debt Collection Lawyer can help you protect your rights and seek a final resolution for the dispute. Upon our office entering your case, all letters and telephone calls to you will cease and the only party contacting you on these issues will be us. Russell Law will review all agreements, invoices, correspondence, demand letters and lawsuit papers to defend you in your case. Should the circumstances warrant, we can negotiate a settlement and pursue a favorable payment plan for you.  Rest assured your case will be handled by us in a civil and amicable manner until it is ultimately resolved.

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One Year Time Limit to Seek Relief From Judgment Runs From Time of Entry of New Judgment

In Molinos Del S.A. v. E.I. Dupont De Nemours and Company, 2006 WL 3733553 (Fla. 4DCA 2006), the Fourth District Court of Appeal held that Civil Procedure Rule 1.540(b) requires that a motion for relief from a judgment be issued within one-year from the date of entry of the judgment.  In this case, judgments were entered in 2001.  However, upon appeal those judgments were set aside and new judgments were entered in 2005.  In 2005 and shortly after the issuance of the new judgments, the Plaintiff filed a motion for relief from the judgment on the basis of newly discovered evidence.  The trial court denied the motion as being untimely since the motion was not filed within one-year from the time of the original judgment in 2001. 

The general rule is that an appeal does not toll the time for the filing of a motion from relief of a judgment.  As a case of first impression, the appellate court reversed the trial court and held that a party may file a motion for relief from a judgment within one-year after the time that a new judgment is entered after appeal.  The appellate court’s rationale was that after appeal, substantive changes were made to the judgments and thus the Plaintiff had one-year from their rendition to move to set them aside.

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