Legal Question in Credit and Debt Law in Florida

Will i going to jail if someone in my spouse family files a lawsuites against me for not paying back $85,000 that i owne them ? They live in Dallas TX and I live in Jacksonville FL, where is the court going to be at ? Will the Judge let me making monthly payment, without going to jail ?


Asked on 9/24/14, 10:03 pm

2 Answers from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

You can not be sent to jail for non-payment of a debt in the U.S. If you owe someone $85,000 and haven't paid, they have the right to file a lawsuit against you in order to obtain a judgment. Where it is filed can be dependent upon if there is a written contract which specifies where the lawsuit will be filed. However, the most logical place to file a lawsuit is in the location where the Defendant (in this case you) live. That way the court has jurisdiction over the person and any assets they may have in that jurisdiction.

If the person files a lawsuit and they win it is called a Judgment. Judgments usually don't specify how the debt is to be repaid (monthly payments, lump sum, etc.). However, the amount owed will generally accrue interest after the judgment is entered and the faster it is paid off the less you end up paying. It will be up to the person you owe the money to as to whether you can make monthly payments.

If you are in a position to make monthly payments, my suggestion is to go ahead and negotiate a payment plan with the person now, before they sue you. Enter into a written agreement for the payback of the loan which describes all of the terms of the repayment, and provides a schedule of interest (if any). Keep all records of payments made and request receipts from the person you are paying.

If they sue you, you should consider hiring a lawyer to represent you.

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Answered on 9/25/14, 6:02 am
David Slater David P. Slater, Esq.

THERE IS NO DEBTORS PRISON IN THE US.

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Answered on 9/25/14, 8:17 am


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