Legal Question in Credit and Debt Law in Florida

Credit card law suit

I am being sued by Capital One represented by Hayt, Hyat & Landau of Miami, Fl. I acknowledge I do owe them money for a credit card dept from 2005 which is less than $900.00. The dept was not paid due to hurricanes and family matters that busted my budget. I intended to pay the bill when we recovered but it was overlooked. The suit wants the money owed with interest + attorneys fees + court fees + a 25.9% interest on the post judgment payment agreement and they want me to waive my rights to garnishment defense in Fl statute 222.11 if I default on the agreement. I am the only source of income for my family. I am, of course going to agree to pay the bill, I would like to know if there is a way I can avoid any of the other fee's, the high interest rate and forfeiting my rights under 222.11

Thanks for your consideration in this matter.


Asked on 8/06/07, 10:04 am

2 Answers from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Credit card law suit

Do not sign the agreement. Do not admit liability. Discuss the matter with competent counsel.

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Answered on 8/06/07, 1:58 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Credit card law suit

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You should never agree to waive your rights to the exemptions provided by Florida Statutes for garnishment of wages as provided in Section 222.11. The Plaintiff's attorneys cannot force you to waive any legal rights. Make a counteroffer setting forth what you are able to do. Do not sign any agreement without speaking with an attorney who can advise you of your legal rights and obligations.

Scott R. Jay, Esq.

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Answered on 8/07/07, 2:28 am


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