Legal Question in Credit and Debt Law in Florida
summons of credit card debt
I have been summoned to appear in court due to 6mths nonpayment on a capital one credit card. My husband was involuntarily dismissed from his employment of 10yrs. due to massive layoffs. Since then, I cannot afford to pay on my credit cards, not in his name. We have three children, and abosolutely no money to pay on these cards. My plans are to appear in court and let them know just that. I am unable to pay these cards at this time, unless they want me to take food and shelter away from my children, which my children come first and I will not allow that to happen, because of unfortunate circumstances that happen in life! What will come next do you think, after I appear in court and having absolutely not a dime to pay to this creditor? All assets are in my husbands name only, house, cars, etc. I do work part time to take care of my children, while my husband works full time.
1 Answer from Attorneys
Re: summons of credit card debt
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
When you appear in court you will be given the opportunity to work out a fair repayment schedule but not the option to simply not pay. This will be your only time to get favorable payment arrangements. If you do not reach an agreement in court, the creditor will get a judgment and can then garnish your wages since you are not the head of household if they so choose. The judgment will be recorded in the public records and will seriously affect your credit score for years to come.
Scott R. Jay, Esq.
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