Legal Question in Credit and Debt Law in Florida

Default Judgement (Credit Card)

I have received a Judgement by Default for a Credit Card Debt. I failed to appear, due to not having the monies to pay any outcome of the case and being ignorant to Credit Laws. I attempted to contact the firm who files the judgement in attempt to settle and they refused remarking, '' We have it for 20 years and making 9% interest why should we settle.'' I started researching the Credit Law from that point and found that the Statute of Limitations had expired by the time the Firm filed for the Judgement (based on Open Account) in Florida being 4 years. I think the worst part now is that it has been 2 1/2 years and I am able to do something, based on SOL, but I fear it is to late. Can I be helped?


Asked on 10/22/08, 7:03 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Default Judgement (Credit Card)

The statute of limitations is a defense. You've waived all defenses by not showing up.

If your hearing was fairly recent, you may be able to ask the judge to set aside the default if you can show a good reason why you missed the hearing. Otherwise, your defense is lost.

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Answered on 10/22/08, 10:03 pm


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