Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Debt Collections

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 10-22-2005, 08:23 PM
Junior Member
 
Join Date: Oct 2005
Posts: 6

Received a Summons. Questions


What is the name of your state?Florida

I received a summons today regarding a credit card debt I have accumulated in the amount of $4,500.

The debt was being handled by a law firm that I verbally agreed to make payments to, since they threatened to take legal action if I did not. This was a credit card account I had opened up back in 2001 in the state of Ohio.

I did pay $100 dollars a month since last October, but a few times months I missed. The lady on the phone I arranged this with said there was no set due date just pay each month. When I did miss a payment, I would double up on payments and this past October they cashed a check for $300.00 for September(which I missed payment on), October, and for November.

Anyways, now I got a summons and it states I am to appear for a pre-trial conference on November 21st. It says the court may or may not grant me a payment arangement, and withhold judgment, execution or levy.

After that form, there is a copy of a complaint stating I am being sued for the amount and if I default on judgment will be charged $750 dollars in attorney fees.

The thing that confuses me is that after that there is a letter from the law firm. There is no date on the letter and it just says you have now been served with a complaint and it says I am enclosing your review and signature a Stipulation for Entry of Final Judgment Execution Withheld. Then there is a copy of the Stipulation for Entry of Final Judgment Execution Withheld and it says if I sign this I have to pay a specific amount each month and if I am late by five days, I will default and I cannot waive any garnishment defenses if an execution order is filed.

I am confused. Can I make payment arrangements? If I do will I still have to go to the pre-conference trial hearing? I live alone so can they legally garnish wages? And also I am worried about my car which is a 2004 and is paid in full, but I need to have that to get to work.

What can I expect. I fully agree to pay the debt, but am unable to pay in one lump sum. Why did I get summons, stipulation and complaint stating I am being sued?

Lots of questions, I know. Please respond. I greatly appreciate any info you can provide.

Thanks.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 08:06 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.