Legal Question in Credit and Debt Law in Florida

I have been served papers to appear at a mediation hearing over a credit card bill in the amount of $1300 I have not been and can not pay on.I am unemployed as is my husband.What can happen to me if I do not attend this mediation hearing?


Asked on 12/04/10, 11:37 am

2 Answers from Attorneys

Alyson Innes Innes Law Firm, P.L.

If you do not attend, the Court may issue a default against you, allowing Plaintiff to obtain a default final judgment against you. A default may eliminate your ability to go to trial on this matter. In addition, if there is a court order for your appearance for mediation failure to attend may result in the court awarding any number of sanctions against you.

I have found that it is best to attend a mediation. It is a voluntary and confidential process whereby you can disclosure your situation to the creditor and its counsel. Sometimes you are able to work out an agreement (payment plan, etc). However, in a situation like yours, I have seen where borrowers agree to what is called a "consent judgment". This allows the creditor to obtain a judgment against you without the need for a trial. If they are seeking attorney's fees and a high interest rate, this option can lessen the overall attorney's fees and interest (reducing the interest to the state statutory rate of 6% in Florida).

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Answered on 12/09/10, 11:48 am
Angelo Marino Angelo Marino Jr. PA

See a consumer lawyer to review the claim. Many of these cases can be won by the debtors, but you need someone who knows how to do it. If it is winnable, there usually is no fee charged to you. For a consumer lawyer in your area, go to

http://naca.networkats.com/members_online/members/directorya.asp?token=

Want to know the law? Sign up for our free newsletter on varies areas of the law by sending an email to [email protected] and requesting the newsletter, or go to www.ConsumerLawyerHelp.com. See www.FL-PI-Lawyer.com for your personal injury needs.

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Answered on 12/10/10, 1:18 pm


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