Legal Question in Civil Litigation in Florida

A debt collector took me to court 5 years ago and we agreed on a payment plan ($10/mo) towards a settlement amount $1200). I forgot to make payments in Nov 2010, Feb and Mar 2011. They sent me an affidavit of non-compliance with court approved stipulation. It says "...the money stated in the Stipulation Agreement for payments to be due to the Plaintiff from said Defendent, $1200 on principal...less $540.00 in payments, for a total sum of $660 are now past due and wholly unpaid. It does not say anything about making any further payment arrangements but when I called them they said that since I am in default of the agreement I now have to pay the full amount of the account which is $3300 something. They said I have until Apr 30, 2011 to come up with a down payment of $350 and make payments of $50/mo at 6% interest or I can settle the account for $2200 something. My question is do I have to pay the full amount or can I just pay the balance of the agreement ($660) and be done with them? Seems like they're trying to squeeze more money out of me. Thanks


Asked on 4/20/11, 5:10 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

It depends on the settlement agreementthat you signed 5 years ago. It is not unusual for the terms to include an accelleration clause like you have described.

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Answered on 4/20/11, 5:24 pm


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