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  #1  
Old 07-11-2006, 03:16 AM
Junior Member
 
Join Date: Jul 2006
Posts: 1

Small Claims Court Judgement Forms


What is the name of your state? Florida

Hi-

Recently, a Real Estate Agent in Miami(???) has claimed to have bought an old Visa account and took it to small claims court. Since I am a teacher and was busy giving the FCAT (state exam) I was unable to attend the hearing (I contacted the judge but he wouldn't excuse my attendance), I was hit with a $2,200 settlement.

In the judgement letter I received, it says I have to fill out this form (Florida Small Claims Form 7.343) which asks for my SS#, driver's license number, bank account numbers, etc. I wondered if I have to fill it out and what would happen if I did't??? Something just seems real fishy about this whole thing. If this person really did own it (which when I contacted Visa, they did NOT have his name listed), wouldn't he already have that info? I don't have a house or car in my name and am really hesitant to give out my personal info that I would think he should have in the first place.

I don't know what direction to take this... it's 3:30 in the morning and I'm up worrying about it. : ( Thanks for any help/direction you can offer.

-- Julia
  #2  
Old 07-11-2006, 10:23 PM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
I find it rather odd that a real estate agent would be collecting on an old Visa account. Sounds like some kind of scam to me.

Did you CHALLENGE this collection at all ? Ask for any PROOF ?? If not, why not ?
How old, exactly, is this alleged Visa debt ?? How long was the last payment to the ORIGINAL CREDITOR made (if it's even real) ??

You need to appeal that judgment, ASAP. If you have NO FACTS that this is even a legit account, then you don't need to just sit there and let them come after your wages and bank accounts.

As for the forms you've been sent, sounds like a debtor's exam via interrogatories and if it is, then YES, you MUST answer it or you could be held in contempt of court and a warrant could be filed for your arrest.
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