Legal Question in Credit and Debt Law in Florida

Hello,

I have a credit card in default. It is with Merchantile Adjustment Bureau. I called Sears and found out the last time I paid on the credit card was 06/13/13. I had filed for extra time when they first sent me something. They sent me something else that I thought was just a threat because it wasn't official and just sent by the mail, but now I got a default by the court letter. I looked it up and the case number and found out it is on the Clerk of Court website, so it is real. I live in Florida, and online it says that open ended credit is 4 years. I am almost at 4 years. How do I delay more? I have not received a court date yet, just the default of court saying that I am not in the military as well. Do you have any advice on what I should do? Does open ended credit hold up in court or do they push for the 5 years? I am a single mom and cannot afford anything extra at all.

Thank you, Julie


Asked on 3/13/17, 7:38 am

2 Answers from Attorneys
Angelo Marino Angelo Marino Jr. PA

Once they file suit, S/L is continued. See a lawyer in your area who handles these issues. For a consumer lawyer in your area, go to

http://naca.networkats.com/members_online/members/directorya.asp?

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Answered on 3/13/17, 7:45 am
Barry Kaufman The Law Office of Barry W. Kaufman

Julie,

The 4 years mentioned is the statute of limitation. In other words, Mercantile Adjustment Bureau (MAB) had 4 years from the date of your last payment to file suit against you. The fact that the lawsuit is on the clerk's website, and this is only March, means that MAB has filed suit within the 4 year timeframe. That 4 year reference is now completely irrelevant to anything. Once you've been served with a lawsuit, the plaintiff can send you documents relating to the lawsuit by mail. Apparently, since you decided to ignore the summons, the plaintiff obtained a default against you. Unless you can enter into a payment arrangement with the plaintiff (if it hired an law firm to sue you, you need to deal with the law firm), you will likely find that you will have a judgment entered against you.

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Answered on 3/13/17, 7:49 am


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