Legal Question in Credit and Debt Law in Florida

I received a letter from a collection agency (Midland Credit Management) that is requesting a fact information sheet Form 1.977 (pursuant to Florida Rule of Civil Procedure 1.977 - as listed in letter) and the Final Judgement entered on 11/2/2010 (or 2009). I wanted to know that since this judgement is against me and I am the only one working in my household should it be fine to supply only my information and leave my spouse off of the paperwork? Also, it does not appear to be court ordered so I am wondering if it is necessary to send it to them at all. I guess I am just trying to avoid a wage garnishment. I was planning on sending them a letter and asking if they would consider settling for pennies on the dollar since this debt was from so long ago and I do not see my future financial affairs changing for any better in the future. Please let me know.


Asked on 11/09/17, 8:31 am

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

You do have a final judgment - it was entered on the court docket. I am confused as to why you do not know the date since you stated it was sent to you. Secondly, IF IT WAS entered on the docket under the Final Judgment then it would state that a Fact Info Sheet was attached and you had 45 days in which to respond to the final judgment. It would be ordered. Before you do anything, I suggest you find out in fact if there is a final judgment on the docket in the county the judgment was obtained. If not, this could be a bluff to get you to pay something so that the time will toll again and then they will get the judgment. Since it is over 5 years - it is not against the Statute of Frauds and therefore they can not collect. UNLESS you have a judgment.

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Answered on 11/09/17, 10:39 am


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