Legal Question in Credit and Debt Law in Florida

There was a default judgment placed against me in 2006. I tried resolving this issue and sent a a $50.00 payment to the lawyers, Pollack and Rosen. At that point their office was suppose to send me an acceptance of payment arrangement and a ledger showing how much was owed etc. This never happen and I tried calling them on several occasions and could never reach anyone so I didn't continue sending payments as I never received the agreement letter and I did not feel comfortable sending my payments to a lawyers office in Miami that never answers the phone. Many years have passed and I have never heard anything from them. Now in Feb 2014 I receive a notice in the mail to report for a deposition.

I called and told them of the situation that has been ongoing since 2006 and asked to make payment arrangements on the principle balance of $1800.00 and the only thing that could offer was $100.00 a month on the full balance of over $3000.00.

I explained I could not afford that and also asked to have documents sent to me showing the original creditor and the person who signed for the order to appear to the initial court case as I would have went if I was served. I was not served.

Pollack and Rosen would not send me I anything.

I noticed there is a motion that can be filed to vacate a default judgment. Is this something I can do or can you tell me if I have any recourse before they levy my bank account or garnish my wages?

Thank You

James Perea


Asked on 2/25/14, 1:01 pm

1 Answer from Attorneys
Robert Garven Robert Garven, Esq.

Based on the facts that you provide, I do not believe that a Motion to Vacate would be successful at this late date. You need to either talk to the creditor or hire an attorney to do so.

The creditor has a judgment and will try every legal method available in order to collect..

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Answered on 2/26/14, 6:46 am


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