Legal Question in Credit and Debt Law in Florida

We were served a summons from a creditor�s attorney for �Complaint for Equitable Relief and/or an Action to Collect a Debt� to respond to within 20 days. We agree we owe the money and have made payments, but not the amount requested as our income was reduced (currently, 1 working and the other laid-off just shortly after receiving summons). After receiving a letter from the attorney, we contacted the attorney and informed that we are doing our best to make monthly payment, but are unable to make the payment they are requesting. The attorney informed that this will not stop the lawsuit and to send all payments to the attorney office and not to the creditor, which we have. A few months later, we were served, the summons, which the attorney is asking the judge to enter a judgment against us in the amount of $10,436, including but not limited to attorney�s fees pursuant to credit agreement, court costs and deferred interest on the foregoing sum. We do not want garnishes or judgment against us. What can we do at this point? We will respond to the summons within 20 days. We do not have the lump sum requested, is it possible that we can pay this debt over a period of time without any judgments or garnishments? If so, do we contact the attorney to suggest arrangements or do we wait until we go to court to suggest arrangements with attorney?


Asked on 10/05/09, 5:12 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Either way, it depends on the agreement of the parties.

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Answered on 10/05/09, 5:31 pm
Angelo Marino Angelo Marino Jr. PA

You are in a no win situation. Any defenses you may have had were lost when you made payments. The best thing to do is to try to work out a payment plan that you can live with. Never agree to more than you can pay. If you can ligitamately deny any of the allegations of the complaint, do so within 20 days. If the collection agency failed to include your contact, invoices, assignements, then move to dismiss the complaint because they failed to include this information with the complaint.

Buy time to work out a deal. See www.ConsumerLawyerHelp.com for help and garnishments rights.

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Answered on 10/05/09, 7:35 pm


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