Sunday, November 8th, 2009

From Florida and I got summon for a debt collection agent for a pretrail mediation. I need some opinions?

Debt Mediation
sratletico asked:


Hi, I’m hoping I can get a good advice about my situation I have here. I myself and my wife got into a financial situation when we received our first baby in 6/ 2005. Ever since then our money got really tight that we couldn’t come up with the money to pay any of our credit cards bills we had. Then creditor jack up the interest to 32% and impossible to pay the the minimal, so we stop paying all together and focus taking care of our other bills such as baby bills, food, car insurance, water, phone, car payments and home mortgage.
I have call a debt consolidation about the situation but the payment they were asking for was way too high for us to even come up with the amount to pay, plus put us upside on our other bills.
But what I need to know since a debt collector gave us a summon for the amount of $2499. Can I present all my bills to court and show that we have no spare income to give them to pay the debt collector off. I don’t want to be out in the street with my family due to deal
The problem I have is I have no way to pay any amount since we are slightly upside down on bills. What going to happen to the other credit card I have that I can’t pay as well. I’ll prolly get summon for those soon. I want to bankrupt all these bills, but again I have no fund to do it.

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5 Responses to “From Florida and I got summon for a debt collection agent for a pretrail mediation. I need some opinions?”

bigdog Says:
November 9th, 2009 at 6:32 am

yes you can ask the court for a small payment plan and just tell them that you are strap for any extra money most of the time the judge will let payment plans they will get a judgment against you and if you have a lot of debt can file bankruptcy and be done and have a fresh start over people do it every day

mister ed Says:
November 12th, 2009 at 11:54 am

you can but you better not have cable cell phone internet service or any other want when you try to make your case!!!

Studly Says:
November 13th, 2009 at 3:10 am

The judge is not going to excuse your debt. the best you can hope for is court ordered installment payments.

Every state has different rules, and even at the county level. So I don’t know liberal your judge is going to be.

Where I live, if you go to court and show that you made an honest attempt to mediate this debt, and you can show your income can not support very large payments, then the judge will grant a payment plan.

Don’t get silly and ask for $5 a month payments. it’s not reasonable for the creditor to wait for years to collect. Expect at least $100 a month payments.

echo Says:
November 13th, 2009 at 6:32 am

mister ed brought up a very valid point if you plan on claiming hardship with the court. Hardship is not having high end cell phone plans for both you and your wife when a single land line phone would be cheaper, making payments on one or two high end family vehicles, money to eat out, paying for cable/satellite tv, etc., etc. Hardship is having difficulty in maintaining the most basic no frills lifestyle.

Studly is correct that the judge will not excuse your debt unless you can show good cause as why it should be excused (dismissed), for example if the collector cannot prove the debt or the amount of the debt, that they are licensed and bonded to collect, etc.
But it would be up to you to bring those points up.
(though if it has only been a couple years, the collector may be able to provide the information – it “must” come from the files of the original creditor and not simply on the collectors own letterhead)

I agree with the rest of what Studly posted.

Florida does have very liberal homestead exemption laws for debtors. It is a separate homestead exemption from the homestead exemption that you would file for your home/property tax and you must file for it to be protected under it.

You might click on the link I’ve provided to the Florida Legislature website that explains the debtor exemptions.=%2D%3E2004%2D%3EChapter%20222

Jennifer Says:
November 16th, 2009 at 1:57 am

Hi,
I used “Credit Solution” to settle my debt and improve my credit score.They managed to reduce my debt up to 58%.It’s legitimate.I came across this company on NBC News Special Edition.Check it out here:

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