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  1. #1
    Join Date
    Nov 2010
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    1

    Default Florida Court Summons for Credit Card

    My question involves collection proceedings in the State of: Florida

    Hello, I live in Florida and was recently given a Court Summons from a bank card that is in the amount is $33,000 plus legal and interest costs. This card is about 1 ½ years late and due to a bad string of luck, including a modification of home, wage cuts, it was never paid. The questions I have is 1) how do I answer the summons. 2) Should I look at bankruptcy for this and I also have a hard time paying the home loan, even after the mod. Thanks

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Florida Court Summons for Credit Card

    1. You can read the court rules, and you can try searching in your favorite search engine for sample answers to complaints (and possible affirmative defenses). The summons should indicate the deadline for your answer; affirmative defenses typically must be raised with your answer.

    2. It's something to consider. Consult a bankruptcy lawyer with the specifics of your financial situation.

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Florida Court Summons for Credit Card

    You really need to do research online of how to defend against a credit card company. Many times they can't come up with the contract or their case has some other legal deficiency.

    However, you do not provide enough information for anyone here to give you any actual legal advice.

    You said you got a summons. Well, duh, did you get a civil complaint with it?

    You need to hire an attorney or learn some law fast.

    Filing an answer is the last thing you want to do if you don't have to. You don't have to file an answer within the 20 days, you need only file a "response pleading" which could be a motion to dismiss, a motion for summary judgment, a motion for a more definitive statement or some other things. You really need to know what you are doing or have a lawyer that does.

    Nothing you have said is at all useful for giving you advice, other than to tell you that you can't argue the statute of limitations. You don't have that as a defense. You probably don't have any other affirmative defenses either.

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