Results 1 to 8 of 8

Hybrid View

  1. #1

    Default Do I Need Lawyer to Defend Against a Small Claims Lawsuit

    My wife and I recieved a "pre-approved" check in the mail for $2500 on aug 15, 2005 from a financial institution. Cashing it created a loan.


    I later made some poor decisions in my business and we fell on some financial difficulties. I am in the process of rebuilding and money is tight, but we are ok.

    This creditor has filed a suit (court day in about a week).

    I do not dispute I owe the money. Not to mention, I am sure inability to pay is of no concern to the court.

    My concern is not so much judgement (we will pay soon as things pick up) but garnishment of my wifes part time wages or bank account.

    We have no assests so to speak to be concerned about them taking except an 403 retirement or something my wife has from an old job.

    Is it worth paying to get an attorney, and if so, what will be the benefits to my wife and I?

    The suit is addressed to my wife and here POE.

    They are asking for money owed, plus the interest agreed PLUS cost, (more?) interest and attorneys fees.

    What are my options - or do i just show up - and take the judgement and hope they don't garnish?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Do I Need Lawyer to Defend Against Lawsuit (Small Claims)

    You say "small claims" - but I doubt that the suit is actually in small claims court. Your wife may wish to contact the creditor's law firm to see if she can negotiate a settlement and payment plan.

  3. #3

    Default Re: Do I Need Lawyer to Defend Against Lawsuit (Small Claims)

    Quote Quoting Mr. Knowitall
    View Post
    You say "small claims" - but I doubt that the suit is actually in small claims court. Your wife may wish to contact the creditor's law firm to see if she can negotiate a settlement and payment plan.


    I'm not the sharpest tool in the shed, so help me out here, please.

    What would be the difference if it was/was not in small claims? Are the options for us different?

    It says at the top of the summons

    County Court, (Our County), Florida, Small Claims Division.

    So Im pretty positive thats where it is.

    Any other advice is welcomed as it takes place this week?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Do I Need Lawyer to Defend Against Lawsuit (Small Claims)

    If that's how it's captioned, that's where the case is going to be heard. It just makes sense to be sure.

  5. #5

    Default Re: Do I Need Lawyer to Defend Against Lawsuit (Small Claims)

    uhm, ok....so does anyone have any answers to any of my actual questions?

    I was never confused as the where it was going to be heard

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Do I Need Lawyer to Defend Against Lawsuit (Small Claims)

    If you're not going to be patient enough to let us get the information we need to try to help, then probably not.

    1. Sponsored Links
       

Similar Threads

  1. Probate Court Procedure: Small Claims Lawsuit Over Items Left in a Will
    By lagrutke in forum Estate Planning, Administration and Probate
    Replies: 1
    Last Post: 08-17-2011, 01:48 PM
  2. Service of Process: Service of a Small Claims Lawsuit
    By ths in forum Civil Procedure
    Replies: 2
    Last Post: 09-30-2009, 06:44 PM
  3. Retailers: Small Claims Lawsuit
    By napoleon1 in forum Consumer Law
    Replies: 1
    Last Post: 05-18-2007, 08:47 AM
  4. Security Deposits: Small Claims Lawsuit Over Security Deposit
    By ace6227 in forum Landlord-Tenant Law
    Replies: 4
    Last Post: 09-20-2006, 02:46 PM
  5. Trials and Verdicts: Small Claims Lawsuit Damages
    By davejoyce2000 in forum Civil Procedure
    Replies: 1
    Last Post: 09-13-2006, 04:01 PM
 
 
Sponsored Links

Legal Help, Information and Resources