Legal Question in Credit and Debt Law in Florida
can I make an offer to the debt collector,receive a summons,first before writing the court
1 Answer from Attorneys
You can engage in settlement discussions any time during the collection process. However, your settlement negotiations will not stop the litigation process unless you reach a full and final settlement in writing. If there are deadlines set by the court, you must still abide by them (i.e. filing an Answer) during the settlement talks. Typically, once litigation has commenced you will need to deal directly with the attorney handling the matter instead of the debt collector. Upon commencement of litigation (i.e. receiving service of the summons), the debt collector usually hands the entire file to the attorney for further handling and settlement negotiations. You should probably call the attorney listed on the Complaint (or Statement of Claim) first to start the negotiations.