You’re Not Alone
If you have defaulted on your credit card payments, there may be a credit card lawsuit filed against you by your credit card company or by a purchaser of your debt. A credit card complaint is a legal document that must be responded to within 20 days from the day that you were served. Failure to respond to the credit card complaint may result in a default judgment against you. A default judgment could result in your wages being garnished by your judgment creditor. Please don’t let this happen.
If a default judgment has already been entered against you, you should hire an inexpensive and experienced credit card defense attorney who may be able to overturn or vacate the default judgment. Whatever you do, please don’t make an open court admission to the debtor sign a settlement agreement with your creditor.
Are You Being Harassed About a Debt?
You may have legal defenses to get your credit card lawsuit dismissed (i.e., the statute of limitations, standing, identity theft, fraud, etc.). Through diligence and the power of heavy litigation, an experienced credit card defense attorney will get you a reasonable and affordable settlement with your creditor. We stay on top of your case by filing motions, notices, discovery requests, etc., and may compel mediation. We offer an inexpensive flat rate to defend a credit card lawsuit. If we are unable to get your credit card case dismissed, we litigate your case to get you an affordable settlement.
In Florida, a debt collector must pursue a credit card debt within five years. If your debt is older than this, the collectors may be acting outside of the statutes of limitation. In addition, the Fair Debt Collection Practices Act (FDCPA) provides extensive protection to you as a consumer. If collectors have violated any parameters set forth in the FDCPA, you may have cause for a countersuit against them.
If your creditor already has a judgment against you and is attempting to garnish your wages or already has garnished your wages, there are Florida wage garnishment laws that may protect you. If you qualify for one of the legal exemptions (i.e. head of household, social security, disability, tenancy by the entireties, etc.), the Court will Order any garnished money to be returned to you. Please consult an experienced consumer lawyer who specializes in debt lawsuit defenses to help you prevent or reverse wage garnishment. At Carolyn Secor, P.A., we can help you fight your creditors. Contact me for a free consultation and we’ll go over a legal strategy that works for you.