Saturday, March 22, 2003

How to Respond to a Credit Card Default in Florida

Defaulting on a credit card in Florida could result in a lawsuit being filed against you. If you are sued, you must respond or face a court judgment and possible garnishment of your wages and bank account. The best solution for a defaulted credit card agreement is to pay it off in full by contacting the credit card company or debt collector. If full payment is not possible, try to work out a payment plan or other solution to end the threat of being sued.

Instructions

    1

    Contact the credit card company to confirm that you have defaulted on the account. It's possible that the account is still being managed by the bank's internal collections department---or it may have been sold or assigned to a debt collector.

    2

    Offer to settle the account with the credit card company or the debt collector. Debt settlement is a legal option for resolving delinquent debt. Credit card companies and debt collectors will often settle for 20 to 70 percent of the balance. Offer to settle for 20 percent and continue negotiations until you have a deal.

    3

    Respond to the lawsuit if the credit card company or debt collector has filed a civil case. Community Legal Services of Mid-Florida reports that you have 20 days to respond to the notice of a lawsuit called a summons. The summons can be hand-delivered to you at your home or place of business. Additional information, called a complaint, will be attached to the lawsuit and will explain why you are being sued. Type your response to the lawsuit, called an "Answer" (see Resources). The answer should contain your point-by-point response to all the allegations made in the lawsuit.

    4

    Deliver the lawsuit in person to the Clerk of Court. The address will be on the summons. Also send an address to the party filing suit against you. Then wait for notice of a court hearing to appear before a judge.

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