Legal Question in Credit and Debt Law in Florida

Served with lawsuit over $7,000+ owed

I am in Hernando County Fl and I have been served with a lawsuit for $7,000 for a Care Credit Card from GE. I am being taken to court, and I had explained to creditors that I am a single mom on disabillity and I do not own any property or stocks or savings. I don't even know how to file this response. I am seeking legal aide and do not want to file bankruptcy over something small. I called legal aide and nobody answers the line. I do not want to get stuck paying court costs, but the lawyers for the credit card company debt collecters laughed when I offered to pay $50 a month. I can only afford $100. I need to know what to do...will they renig on the lawsuit if I offer to pay higher or do I have to go to court. I need representationg!


Asked on 12/17/08, 10:24 am

2 Answers from Attorneys
Scott Behren Behren Law Firm

Re: Served with lawsuit over $7,000+ owed

you can call my office if you like. I might be able to help.

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Answered on 12/18/08, 2:45 pm
Angelo Marino Angelo Marino Jr. PA

Re: Served with lawsuit over $7,000+ owed

There are two issues here. The first issue is can they prove the case? For example, how long ago was your last payment and or purchase? If more than 4 years ago, there may be a statute of limitations defense if there is no written contract, or 5 yeares if there is a contract. This means they last the abilty to bring the claim if the agreement was made in Florida or controlled by Florida law. Did they attach a copy of all the bills, is the interest correct, debt, etc? If any of these items are wrong, just move to dismiss the case for the failure to attach all of the documents and never admit you owe anything.

Second, if you are a single mom who is supporting a family,on disabilty, and own no property, they will not be able to take anything from you, nor garnish your disabilty income. Unless you are concerned about your credit rating, why pay them anything?

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Answered on 12/17/08, 5:31 pm


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