Legal Question in Credit and Debt Law in Florida

credit card debit

I have been summons for legal mediation on a 4500.00 credit card that I have not and can not pay. When I shouw up without payment what can I expect to happen?


Asked on 7/08/08, 2:42 pm

2 Answers from Attorneys

Matthew Z. Martell Law Office of Matthew Z. Martell, P.A.

Re: credit card debit

Since the amount in controvery is less than $5000.00 you will find yourself in small claims court. So here is how it works. At the first hearing, you are asked by the Judge if you admit the charges against you. If you do not (which happens 99.99% of the time), the Judge will order you and the other party to immediately mediate. You are taken into a separate room with a mediator and the attorney for the Plaintiff. They will try to mediate a settlement agreement. If the mediator is unsuccessful, then you go back in front of the Judge; the mediator informs the Court that an impasse was reached at mediation; and the case is set for a trial. Normally the trial is only 2 hours long. You can represent yourself at the trial. I recommend that you ask for payment terms pursuant to a promissory note payable over 4 years at 10% interest at the mediation which is about $100/month for 48 month. Tell the Plaintiff's attorney you are broke, uncollectable, and thinking about filing bankruptcy. It's probably your best shot at getting this settled putting this whole thing behind you quickly.

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Answered on 7/08/08, 3:28 pm
Matthew Z. Martell Law Office of Matthew Z. Martell, P.A.

Re: credit card debit

Since the amount in controvery is less than $5000.00 you will find yourself in small claims court. So here is how it works. At the first hearing, you are asked by the Judge if you admit the charges against you. If you do not (which happens 99.99% of the time), the Judge will order you and the other party to immediately mediate. You are taken into a separate room with a mediator and the attorney for the Plaintiff. They will try to mediate a settlement agreement. If the mediator is unsuccessful, then you go back in front of the Judge; the mediator informs the Court that an impasse was reached at mediation; and the case is set for a trial. Normally the trial is only 2 hours long. You can represent yourself at the trial. I recommend that you ask for payment terms pursuant to a promissory note payable over 4 years at 10% interest at the mediation which is about $100/month for 48 months. Tell the Plaintiff's attorney you are broke, uncollectable, and thinking about filing bankruptcy. It's probably your best shot at getting this settled putting this whole thing behind you quickly.

Read more
Answered on 7/08/08, 3:28 pm


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