Debt Collection Practices - Defending Lawsuits
Question: I have been served with a lawsuit and am scared, what do I do?
Answer: Contact us immediately. Once served, you have 20 days to file an answer or the court can award a default judgment against you.
Question: I was thinking of filing an answer on my own because I researched this on the Internet; is that my best move?
Answer: You can do this on your own; however, we strongly recommend consulting an experienced debt collection practices attorney first. You may unknowingly admit to things that did not need to be revealed and this alone can cause a judge to grant a judgment against you without a fair trial. You also must be sure NOT to lie to the courts, as this could get you into criminal trouble.
Question: I agree I owe some money but the amount they claim is wrong, how do we correct this?
Answer: We often find that creditors charge usurious interest rates that are in direct violation of Florida Law. Make sure you know your rights and how to protect them.
Question: Is there a statute of limitations on how long they can sue me for?
Answer: YES; however, that all depends on which credit card company is suing you. The time period generally varies from 2 – 6 years, depending on the card you have.
Question: If they do get a judgment, what happens next?
Answer: This is a very serious matter. They may garnish your wages up to 25% of your paycheck. They can freeze your bank accounts and take all your money until their debt is paid in full. They can take your car or property. Unfortunately, a judgment can be enforced for 20 years, so this headache does not go away on its own.
It's time to protect your rights with an experienced attorney, not a paralegal.