Legal Question in Credit and Debt Law in Florida
Hi I do have a few questions. In 2012 CACH, LLC sued me for a bank of America card and I never responded there was a motion for default and judgement granted to them. Later I claimed exception for the garnishment and had a hearing date that I ended up requesting a continuance for and shortly after that the case was disposed and there was a voluntary dismissal of garnishment. Can Cach llc return to collect from my wages anytime now? And this month I have Portfolio Recovery associates suing me in small claims court. I will attend the pre trail because I don't want anyone to garnish my wages. What do you recommend I do this second time around that can help me?
3 Answers from Attorneys
I'm sorry to hear about your situation. You may want to consider filing for bankruptcy. Depending on your income and assets, that may wipe out all of these debts. Our office handles a lot of bankruptcy claims, and we'd be happy to discuss it. We offer a free initial consultation.
Certainly bankruptcy is an option if you are willing to have your credit affected for 7 years and have all your credit cards pulled from you, etc.
If you are not over your head in debt and bankruptcy is not an option, see a consumer lawyer who handles these matters,. Most never lose these cases and charge reasonable fees.
see wwwConsumerLawyerHelp.com for assistance.
The first case - yes they can continue to come after you as it is a contract and will not expire for five years - since they have filed against you - the time begins to toll again. As to the second portfolio deal - go to court and try to negotiate with them for a lesser amount. You can stipulate a payment plan to them and then abide by it or they will automatically gain a judgment if you default.
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