Legal Question in Credit and Debt Law in Florida

I am in florida, I was went to court for mediation for a judgment back in 2008, when i lost my job in 2010, i called them and they said there was nothing they could do for me and wouldn't take a settlement offer. They have now filed a final judgment. In the mediation agreement there is a paragraph they checked stating if there is no further action within 180 days the case will stand as dismissed. Since it took them almost a year to file a judgment, can I get this dismissed based on that paragraph?? If not, is there anything I can do so they don't freeze my bank account or take my car. I can't afford that with being unemployed and having 4 kids.


Asked on 8/12/11, 1:42 pm

1 Answer from Attorneys
Stephen Orchard Law Offices of Stephen Orchard

It's likely that the creditor obtained a judgment for a default of the mediation agreement. That way even though the case is dismissed, the court may still enter a judgment if you do not live up to your mediated agreement. If that is in fact what happened here then voiding the judgment (termed "vacating") is unlikely.

You may want to consider bankruptcy which would immediately stop collection efforts such as bank garnishment. I suggest that you contact a local bankruptcy attorney as soon as possible.

Most attorneys offer a free, no obligation initial consultation. It's certainly worth the time and effort to see if bankruptcy is right for you.

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Answered on 8/12/11, 1:52 pm


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