Court summons for an outstanding credit card debt

[InEeDhElP2008]

What is the name of your state? Florida

I've received a summons to appear in court foo an outstanding credit card debt. It's actually a collection agency that is handling the debt for this particalur credit company. I am scared out of my mind. The court date is Monday Jan 7.

A little background...I got into trouble with my credit cards shortly after my daughter was born almost 2 years ago. Being on short term disability and a couple months after returning to work I was laid off from my job where I was making somewhat "ok" money. I'm now in a job where I make $7,000 less a year and am struggling big time. I tried to do the right thing and join a debt settlement program, rather than going the bankruptcy route. So, when I got my summons, I got on the phone with the debt settlement people, faxed them the summons along with the copies of my outstanding bills and they told me I'd hear something within 5-7 days prior to the court case. Nothing like cutting it close, I thought...but ok. Well, here we are Friday at 7 pm, 3 days before I have to appear in court, and no phone call yet, but they assure me someone will call me tonight...they're in CA.

Does anyone have any information they could offer, 1st about the court appearence and second about the debt settlement company, I'm at a loss. Thanks so much! Any info is appeciated!!

 

[TiredOfAbuse]

Here is a link for you:

http://www.floridalawhelp.org/FL/index.cfm

Click "Consumer" then click "Debt Collection...". I apologize for not narrowing the link, the link is a very long string after these two clicks.

There will be documentation for you to read here on your rights in Florida.

Best advice anyone can give you - Show up to court!

Good luck and let us know how it goes!

TiredOfAbuse

 

[Chien]

Ok, the link that you were given is fine, but it doesn’t give what you need right now.

1) Don’t cut anything that happens from here on out as close again. You don't leave time for help.

2) This can’t be long. You don’t have time. I’m going to tell you to lose the settlement company, but your first priority is preparing to file an Answer by Monday. You won’t have a chance to negotiate yourself, if you don’t
I can’t direct you to a FL form Answer, and you don’t have time to seek local resources over the weekend. Here’s a link to a sample Answer posted recently. You can adapt it. File it with the court; serve it on the attorney by mail.
http://www.lectlaw.com/forms/f016.htm

Here’s a link to a simplified Answer. It may or may not be acceptable in FL. What is important is that you get an Answer filed to avoid a default. Use the first form if you can make time and this one if time runs out. The worst that can happen is that the court will make you amend, but you won’t have to pay a new filing fee. You buy time. Just extract the language and include Affirmative Defenses. Format it like the Complaint that was served.
http://www.courtinfo.ca.gov/forms/fillable/pld050.pdf

3) Here are FL Rules of Civil Procedure. Roughly the last 40 pages of the PDF have form Affirmative Defenses and other form pleadings. It may help, but you won’t find a form Answer; don’t bother to look:
http://tiny.cc/uTFR8 I shortened the URL.

4) Here’s a link to a FL debt forum. I doubt that you’ll find much; it doesn't look to be that active. Do your work first. If you have time, some member may have a link to a FL Answer. There are none on the site:
http://www.floridadebtor.com/index.php

5) Get prepared for Monday. Lose the settlement company. If you’ve got money deposited, get a refund and apply it to the debt. Negotiate yourself or hire local counsel, if the amount is big enough. The settlement company got you where you are now. Get past Monday and come back and use the “search” function for prior posts about settlement companies.

6) If the creditor’s attorney appears Monday, tell him/her that a company was supposed to be talking to them about a payment plan. They didn’t and you fired them. You want to do that yourself now, but you have to go and “pencil out” what you can do. Come back when you have time to get questions answered.