Legal Question in Civil Litigation in Florida

Hi, i have a question for you guys, thank you very much for your help!

well this is the story:

My hubby bought a TV on best buy five years ago, he just bought his condo so money for a payment in cash was out of the question, so he got a credit card on best buy, he didn't know that the weekly payment will only pay the interest not the debt. well time goes on, and this 2300 plasma TV was never finished paid every week the statement was the same and if he was missing one payment the interest was up to 100! insane, well after 3 years making payments we just could handle them because we were heading to a foreclosure, so we stopped making payments, that was almost three years ago when we stopped them.we got a ton of mail asking for payments, every three months a new firm or company was asking us for that.

We lost the property, and on April 2011 we got "a cancel debt form". we move to Florida from Massachusetts on May 2011, and during the process of moving we used a friends address to get the mail while we were situating in fl. after a week we were settled in fl. so we changed the address on the postal office so we could get all the mail were we live.

And this is the thing: my friend as been getting a lot of mail normally just garbage mail, so we just stopped mailing it to me, and i got here mail this week, and one of them was a court date in a small claim court for the debt of the tv, (remember the one that was bought on 2006 for 2300 and we paid for over 3 years) wish now is 3600! the court date was a month ago,they used an address that we never resided! so we were not served i didnt have any idea that we were sued, and today she told me we got another blue letter, i assume is they ruled that we have to pay.

what can i do, can i appeal because i was never served?

can i pay less, for the tv (we dont even have the tv anymore)

important points:

- debt for almost the double of original price

- we just couldnt make payments

- never served

- out of the state for over 9 months

im so grateful for this site,i hope you can give me a hand in here.

thank you so much.

Best.


Asked on 2/16/12, 10:18 pm

1 Answer from Attorneys
Angelo Marino Angelo Marino Jr. PA

I am sorry to hear about your situation. I am not familiar with Massachusetts law. However, I suspect that you did not receive proper service on your and because of this you may be able to set aside the judgment against you. I strongly recommend that you contact a consumer lawyer in the county in which the judgment was rendered against you as soon as possible. Many times consumer lawyers will work for a very small fee with the hope that they will ultimately get paid from the creditors. Go to my website and look for the link under NACA to find a consumer lawyer in that area. My website is www.consumerlawyerhelp.com. If you're able to get the judgment set aside and then you are pursued Florida, contact me or another consumer lawyer. Good luck.

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Answered on 2/17/12, 5:57 am


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