Legal Question in Credit and Debt Law in Florida

I received a summons for personal service on a natural person for a debt. I need to file a written response within 20 days. The plaintiff is suing me for balance due on a credit card. I do not have money for a lawyer and can't pay this debt and do not want to file bankruptcy. Should I try and negotiate a something with them? Thanks.


Asked on 10/19/09, 2:12 pm

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

Absolutely.

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Answered on 10/19/09, 2:46 pm
Angelo Marino Angelo Marino Jr. PA

First determine how old is the debt, when last payment was made, is the plaintiff the original creditor, and did the plaintiff attach all of the required information, such as the credit card agreement, bills, etc. Many times suits are brought that are unenforceable.

That aside, contact the attorney as soon as possible and work out a payment plan, unusually just for the principal. Never agree that you own the money until the agreement is to be signed. Never offer to pay more than you can afford. It is best to file an answer denying the claim if the figures are not correct or the plaintiff is a different entity, or moving to dismiss it for failing to attach documents necessary to prove the case. If you do this, you must do it timely and send a copy of your answer or motion to the clerk of court and to the plaintiff�s attorney.

Sometimes it is best to see an attorney. A few hundred dollars for simple advice can go a long way. Many times a consumer lawyer can handle the case for no fees of limited fees and get the rest from the creditor. See www.ConsumerLawyerHelp.com for collection violations.

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Answered on 10/19/09, 3:26 pm


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