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Law question for Florida, has anyone have been sued from a credit card company? what can you expect at trial?
My sister has been served with a civil suit by a credit card company. She has for the past 8 years disputed the amount owed, but always been ignored. Her minimum payment was more than doubled, and she could not afford to pay that much, back and forth, she stopped sending payments until the co. will adjust the balance in dispute and reduce the monthly payments. 8 years ago they had settled, and she was to pay a fixed interest rate for the remaining of the balance, and no change was supposed to happen, but they did increased the interest to double. She works very hard, 2 jobs, since her husband became disabled and had no insurance. The company called her and offer to settle for an amount, and they were going to call later to indicate how to make the payment to settle. they called to inform her that the deal was not accepted, and she had to pay all +++. She got almost all the amount to be paid, loaned and donated by family and friends, and now is is not accepted. I live in a different State, but I will take time off to be with her at the trial. She contacted an Attorney that sent her a letter, and he wants more than the claim, needless to say, she can not afford legal representation.
Has anyone here had experience with this kind of suits? where can I find information online, as to how to proceed. I will be gratefully for all your help.
God Bless
4 Answers
- Anonymous1 decade agoFavorite Answer
Her success in the court room will depend on how well she documented the issues you mentioned if she has contradictory correspondence from them she should be able to get relief from the court.~
- Mr PlacidLv 71 decade ago
The only agreement that is enforceable here is that one you referred to when you said "8 years ago they had settled..." Presuming, of course, that there were no other mutual agreements after that. Your sister will need to look at the terms of that agreement to determine what the creditor's remedies are. If the agreement states that the interest rate will double if there are missed payents, then the inreased interest rate is probably perfectly legal.
If this suit is for a large amount of money, your sister needs to consult a lawyer, at least for a short consultation. It will be worth the $150 or so. There could also be statute-of-limitations issues here that only an attorney could determine. But, your sister would need to raise statute-of-limitations in her answer to the complaint. The creditor does not need to prove that the suit is timely, unless your sister raises the issue first.
- guglielminaLv 45 years ago
First you initiate making money in the direction of the quantity which you recognize you're in debt. Make money on time and as much as you may arise with the money for. call the creditor, in case you have no longer gained a summons then the lenders have not filed adventure against you. If the lenders have sent you a letter or talked approximately as on behave of the debt owed; you have time. If the creditor maintains to stick to adventure then the 1st visual attraction in courtroom is an arraignment. The Creditor will state to the choose with affidavit the quantity which you owe. keep in mind this volume would be a mix of the thought, pastime, and costs. The choose will ask you in case you owe the debt. in case you state specific the choose will pass judgment against you. previously the choose passes judgment clarify to the choose which you attempt to work out the potential to fulfill the debt, and ask for a three month continuance. The choose is in all threat to offer you 2 out of the three months; even although the choose could no longer strengthen you greater desirable than 3 months. you're able to no longer conceal from the creditor. in case you answer their calls, return their calls, or greater appropriate initiate the call, you may probable negotiate words to maintain the creditor from going to courtroom. One achievable answer is to stick to for a student loan, and consolidate this debt with the student loan. that supply you six month when you graduate previously you're able to initiate paying on the student loan.
