Legal Question in Credit and Debt Law in Florida
Pre-Trial Conference
I was just served with a summons to appear for a pre-trial conference on Monday, Jan 9th. It's an old credit card debt that is about 6 years old. The original credit card was for 500 dollars and now the amount is at 1200. This action is being done by a collection agency rather than the company itself. In what way do they have to prove that this debt is really mine and what can they do? Will they just get a judgmenet or can they garnish my wages? I own no property.
1 Answer from Attorneys
Re: Pre-Trial Conference
On Monday, the clerk will ask you if you admit or deny the debt. If you admit, the creditor will obtain a judgment against you. If you deny the debt, you will go to trial (in most counties, you have have the opportunity to mediate your case before the trial date). If you fail to appear at the pre-trial conference, the creditor will obtain a judgement by default.
Once the creditor obtains a judgment, it has the right to try to garnish your wages. Florida law provides some exemptions to garnishment; if they attempt to garnish your wages they must send you a notice and provide you the opportunity to claim an exemption.
The creditor wil have to prove to the Court that the card was yours. This may or may not be difficult for them to do, depending on whether they can obtain the records they need for their case.
It sounds like the credit limit on the card was $500, but now the balance is over $1200? The credit limit has no bearing on the balance.
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