Legal Question in Credit and Debt Law in Florida

Credit Card debt & collection agency

I did not pay my credit card agency for five months. It was turned over to a collection agency in december and not realizing what it was I did not return their call until last week. The collection agency also told me they sent me a letter, which I never received. They are now saying that I owe the entire amount by the end of the day or it will be turned over to the courts. They are also saying that when it is turned over to the courts I will not only be resposible for the original amount of debt but for all court costs (which will double the orginal amount). I do not have the entire amount but am willing to pay monthly, they say that is not possible. I have every intention of wanting to pay this back but they are not willing to compromise. What are my rights in regards to this. I do not want this to go to court and am willing to do what ever is necessary to keep it out.


Asked on 1/21/02, 12:47 pm

2 Answers from Attorneys
Bruce Buckrop Bruce Buckrop

Re: Credit Card debt & collection agency

basicaly everything they told you is true, 5 months delay is due cause for acceleration, a chapter 7 can discharge the debt, if not wrought with fraud, or ch13 can give you time to pay, at a rate you can afford to pay and discharge what is left over after 36 months.

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Answered on 1/21/02, 1:57 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Credit Card debt & collection agency

Wait until the account reaches an atty. Usually you can make a 'deal' with atty which you could not with the agency. If you are sued, I urge you to consult with a competent creditors' rights atty in order to determine the best way to protect your interests.

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Answered on 1/21/02, 5:00 pm


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