Legal Question in Credit and Debt Law in Florida
Judgement
I have been served with papers seeking a judgement for an outstanding credit card. I can not afford to pay all of it but can pay a good portion of it. How do I avoid going to court and getting a judgement? Is it ''aproperate'' to try to call the Plantiff myself and offer a settlement?
1 Answer from Attorneys
Re: Judgement
Call the attorneys who filed the lawsuit - they represent the credit card company and are responsible for collecting on it. You'll need to negotiate a settlement with them.
If the amount of the claim was under $5K, you should have received a summons requiring you to attend a pre-trial conference. If it's over, you received a "20 day" summons. Unless you fully negotiate the settlement and the attorney tells you the pre-trial conference is cancelled, you must appear at the pre-trial conference. If you received the "20 day" summons, you have 20 days to respond to the complaint in writing (its called an answer). You must file the original answer with the clerk of the court and send a copy of it to the plaintiff's attorneys - I recommend you do this even if you are in the process of negotiating a settlement.