Legal Question in Credit and Debt Law in Florida

lawsuit for collecting a debt

I recieved a notice form the courthouse and this was served to me by a process server who told me I had 20 days to submit an answer. It was for a debt that I owe to a lender for 6,000 plus att- orney fees. I owe this money and would like to set up a payment plan. How do I answer and does it have to be on a legal type of form.


Asked on 1/20/09, 8:23 am

1 Answer from Attorneys

Angelo Marino Angelo Marino Jr. PA

Re: lawsuit for collecting a debt

First determine how old is the debt, when last payment was made, is the plaintiff the original creditor, and did the plaintiff attach all of the required information, such as the credit card agreement, bills, etc. Many times suits are brought that are unenforceable.

That aside, contact the attorney as soon as possible and work out a payment plan, unusually just for the principal. Never agree that you own the money until the agreement is to be signed. Never offer to pay more than you can afford. It is best to file an answer denying the claim if the figures are not correct or the plaintiff is a different entity, or moving to dismiss it for failing to attach documents necessary to prove the case.

Sometimes it is best to see an attorney. A few hundred dollars for simple advice can go a long way. www.ConsumerLawyerHelp.com

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Answered on 1/20/09, 8:59 am


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