QUESTION
What do i do??!! I got a summons on a credit card debt!
Asked on Aug 14th, 2013 on Consumer Law - Florida
More details to this question:
I received a summons from a county officer at my door. It states that a phone call won't do anything and that I have to file something in writing with or without a lawyer. I know this is my debt and of course there's over $1000 in fees tacked on the $5200 i owe. I didn't have a full time job for over 4 years until about 6 weeks ago and I'm finally able to start catching up on debts. I can afford to do a small payoff or payment plan. should I call the Plaintiff lawyer? the collection agency? What should I do??
2 ANSWERS
Simply put, you have been sued for the debt and a response called an answer must be filed with the court within 20 days after you were served. You can call the lawyer to see if you can come to terms and work it out, but if you can't you MUST file a response within 20 days or a judgment will be entered against you in the full amount.
Answered on Aug 16th, 2013 at 10:40 AM
4 Awards
You cannot protect your rights simply by calling. The Florida Rules of Civil Procedure require an answer or, if this is in small claims court, a pre-trial will be set that you must attend -- in person or through your attorney -- or a a default will be entered against you. If you hire a lawyer to file an answer, raise affirmative defenses, and evaluate challenges or ourtages in the creditor's case, many times you can recoup any monies spent on representation in better settlement results. In certain circumstances, you may identify creditor violations of consumer protection laws, like the Florida Consumer Collection Practices Act, that you can use as leverage to settle your case. www.LeavenLaw.com
Answered on Aug 15th, 2013 at 3:22 PM