Re: Being Sued for Credit Card Debt
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
You will be served with the lawsuit which will include a Notice of Pretrial Conference. At that time you can try and resolve your case. In many jurisdictions, there will be a mediator present who will try to work out a favorable resolution for both parties. This will be your best chance for a quick and easy resolution upon terms you can live with.
If the case is not resolved, it will be set for trial at a later date. Both sides will be able to present their evidence at that time. Since you do not claim not to owe the money, they will probably get a judgment against you for the full amount plus court costs, attorney's fees and interest. At that time, the full amount is due.
The wages of the person who is the head of household are exempt from garnishment if you file the proper paperwork with the court. The second spouse's wages may be garnished according to guidelines established by both Florida law and the US Code. Cars and other assets can be taken to satisfy the judgment but it does not often happen when there is a loan on the item. For a more detailed explanation, conduct a local attorney.
Scott R. Jay, Esq.
