Legal Question in Credit and Debt Law in Florida

I owe my spouse family $85,000 and ask them to let me make monthly payment for it but they won't and now they files a lawsuit against me. Will I end up in jail ? Can I ask the Judge to let me make monthly payment.

Also they been threatens me over the phone, said that I will wnd up in jail from 10-15 years. As a result of that, i'm so worry and end up misscarriage my 6 weeks pregnant this morning. What should I do ? I don't have money to hire a laywer to represent for me.

Thank you so much for your help.


Asked on 9/25/14, 8:18 am

1 Answer from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

I believe I answered your question yesterday. You can not be put in jail simply for not paying a debt back to someone.

Not sure why you owe your spouse's family $85,000 but if they filed a lawsuit against you, then you need to present a defense to the court once you have been served with the lawsuit. Is there a contract? What is the basis for the debt? Can they prove you received $85,000 in goods or services? What did you offer in return for the money? was it a loan, or a gift, or a combination of the two? Were the terms of the loan clearly stated? Have you made any payments toward the debt? There are many questions that need to be answered and you aren't likely going to be able to handle this on your own, based on the two posts I have seen. You really need to find legal counsel.

If you truly have no money, then you should contact legal aid or the Florida Bar Attorney Referral Hotline. If the person is threating to have you arrested that is not legal under the Fair Debt Collections Practices Act.

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Answered on 9/26/14, 6:35 am


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