Legal Question in Civil Litigation in Florida

Hello, my husband and I have been sent a letter from a lawyer informing that they have been retained by our creditor (a bank) requesting payment of the amount of $10,077. Otherwise, they have been instructed by creditor to institute legal action to force payment or to enforce security interest in any collateral for the loan. My husband is still working, but I have been laid off from work and continue to look for work. We have being making payments of amount $25 or $50 to the creditor, but not the amount requested. To keep this account from going to court or any judgment against us, my husband and I have discussed sacrificing begin paying $166 amount toward the $10,077. Is this acceptable and will this stop them from going to court or what if anything we can do as we do not have the $10,077 lump sum they are requesting.


Asked on 8/07/09, 2:51 pm

1 Answer from Attorneys
John DeLancett Law Offices of John DeLancett, PL.

Only the creditor can answer wheter the $166 is acceptable to them. Genarally, a court would not have the power to change the terms of payment, especially in a commercial transaction. I suggest that you contact the creditor and ask whether they will renegotiate the payment amount. They should realize that in bad economic times, something is better than nothing. It is difficult to advise you further without knowing more about the transaction and reviewing all the facts and relevent documents. If you want to do so, then please call and set an office conference. Thank you.

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Answered on 8/07/09, 3:34 pm


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