Legal Question in Credit and Debt Law in Florida

If you have not been served, you can delay the appearance in court. If you want to

dispose of the matter, attend the pre-trial hearing, which will give you an opportunity

to settle the debt. If the terms are not acceptable to you, plan for the later trial

with documents, witnesses, and arguments. If you are now employed or have

assets subject to garnishment, you should settle it to avoid these problems.

The creditor may be taking action because of the the statute of limitations on

such debt in Florida. It is a small claims court action in which you can

represent yourself to negotiate through a mediator to settle the claim.

I suggest you contact a consumer lawyer in your area. Most if not all of these case can be won and most if not all the attorney's fees are paid by the credit card company or collection company.. See www.ConsumerLawyerHelp.com

Until you are served with process, the court has no jurisdiction over you. Once served, you may have defenses to the lawsuit. Do not default.

Go to the hearing because more than likely they will have served you by publication in the paper. When they call your name, go up and tell the judge that you have appeared due to what you stated above but that you HAD not be served. Secondly, that this is NOT your debt. He will properly dismiss the action until proper service or he may ask you to speak with these people in mediation. Mediation is a private affair. No matter what is said in mediation it can NOT be used and/or repeated in an actual court hearing in case you want this to go to trial.

YOu may not owe the debt and in fact if you do, you can make a stipulation which will be prepared there at the court and you and they will sign as to making payments. You can get it reduced on the interest, etc.