Legal Question in Credit and Debt Law in Florida
being sued for almost 10000 can I reply to summons myself or should I hire and attorney
4 Answers from Attorneys
It is important to respond to a legal Complaint in such situations with an Answer and
Affirmative Defenses within 20 days of being served, as described in the Summons. You can file an Answer or be represented by an attorney.
It depends on the complexity of the litigation. The amount of money at stake places you in County Court which is a common environment for parties to represent themselves.
Many attorneys offer free consultations. You should at least speak with an attorney to see whether hiring someone makes financial sense. Further, you should look at this case along with any other financial concerns you may have such as credit card debt, medical bills and such to determine whether bankruptcy may be an option for you. Bankruptcy would automatically stop the litigation in its tracks and possibly discharge any obligation you may have to the plaintiff in the case.
Best of luck
If it is a credit card case, I will generally review for free to see if Ican help you. Dade to West Palm. See www.ConsumerLawyerHelp.com
You can reply to the summons yourself, but you should strongly consider making an appointment with a local consumer attorney.
Most consumer attorneys offer a free initial consultation. Set an appointment, and gather all paperwork, including any mail you have received from the debt collector prior to receiving the summons, notes on phone calls/saved voice mails, and any contracts or other paperwork you may have on file.
I advise a consultation with a consumer attorney because an attorney with experience in this type of law should be able to listen to the details of your case, look at your paperwork and any supporting documents, and perhaps identify a problem with the debt collector's case or methods of collection (phone harassment, for example).
Often, debt collectors file lawsuits on debts that have passed the statute of limitations, may try and file lawsuits on debt that has already been paid, or may try to collect on debts that have already been paid. In addition, debt collectors my harass or abuse a consumer in attempting to collect a debt. As a consumer, you might not be able to identify one or more of these factors that would perhaps allow the lawsuit to be dismissed completely, but an experienced consumer attorney should not.
Cover your bases, and take advantage of a free consultation with an experienced, local consumer attorney.