Legal Question in Credit and Debt Law in Florida

I recently had my bank account seized for a judgement placed against me for a credit card bill aquired in the 90's. My bank gave me contact information to the creditor who seized my account. Per them, I had the judgement placed against me in 2008. The amount of the judgement was about $6,000 more than the actual bill. The creditor claimed this was penalties, court costs, etc. Do I have any recourse to fight it or challenge it at this point? I never received the summons for the court proceedings at the judgement case.


Asked on 4/02/12, 9:33 am

3 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

If you refused to accept service, then the service of the Summons was published in the last known county of your residence and then you were probably defaulted judgment. If you are handicapped and receiving income from the state, you can challenge the seizure. If you can prove that the Summons was never published , then "constructive service" would be an issue as to service and therefore the judgment could be set aside. I suggest you contact a collections attorney to see if you could have the judgment set aside and have the credit company reimbursement your funds. I doubt that you will get the funds back due to the debt but you may be entitled to penalities and interest accrual.

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Answered on 4/02/12, 9:40 am
David Slater David P. Slater, Esq.

You would have to move in court to vacate the judgment due to improper service of process.

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Answered on 4/02/12, 9:50 am
Barry Kaufman The Law Office of Barry W. Kaufman

If the judgment was entered in 2008, the Court would have checked for a return of service. In a suit for money, there is no publication. Either you were personally served, or someone living at your house was served on your behalf. Nobody needs to sign a document accepting service. You have a difficult task in convincing a judge that you were never served.

The judgment can be entered for the principal, pre-judgment interest, court costs, and (maybe) attorney's fees. That total (called the face amount of the judgment) will then accrue interest.

It's possible you have defenses to the garnishment. You should be receiving a notice regarding your rights under the garnishment statutes.

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Answered on 3/25/13, 1:03 pm


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