Legal Question in Credit and Debt Law in Florida
Two years ago, for the first time in my life I obtained a Good credit score. I was offered a bunch of credit cards and took them. Then my supply of income dried up unexpectedly, and even though I paid my credit card bills for a year, eventually the debt overwhelmed me and I could no longer afford to pay my monthly payments. It has been a year since I have stopped payments, and now a cop has just delivered a subpoena for me to appear in court on the matter. I still have no money to pay the payments and am just getting by. I live and this is occurring in Florida. My questions are: One, if I don�t go to court, can I be changed with anything like a misdemeanor or a felony for failure to appear? I would imagine that this is a civil case and therefore I cannot be so charged, but just want to make sure. Two, Is there any advantage to me going to court? Three, what CAN they do to me if I don�t go and don�t pay them vs. what are they LIKELY to do to me if I don�t go and don�t pay them? I heard that the debt goes away in 5 years from your last credit card payment, is that true? Thanks for any answers to these questions and any other advice that you can give.
2 Answers from Attorneys
If you don't show, the creditor will obtain a judgment by default. Judgments are good for 20 years. The advantage if you show is that you will likely be able to work a deal to avoid judgment, and that's what you want- to avoid judgment.
I agree. Show up and try to work a deal that you know you can afford to pay. Do not agree to a payment plain you cannot afford, because if you do not pay you will default on the agreement and many times this is worse than the judgment itself. Never admit to the judge or mediator you own the money. You are there only to work out a solution to an alleged debt.
I would also suggest that you contact a consumer lawyer to review your case. Many times there are defenses to these cases and many times an attorney can defeat the claim. The fee is usually a very small amount compared to the debt itself. For a consumer lawyer in your area, go to
http://naca.networkats.com/members_online/members/directorya.asp?token=
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
