Legal Question in Credit and Debt Law in Florida

debt collection

We owe a bank around $1,700.00, was making monthy payments and missed about 4 payments due to lack of work. Received in the mail a final judgment, plus a notice of interrogatories by regular mail(not ceritifed). We did not mail back the interrogatories and now have a notice hearing, but we have manage to start back paying our original monthly payment. Can a final judgment be made against us if we were never summon ed or got legal papers to appear in court? By law do we have to fill out the interrogatories and what rights do we have in this kind of situtation?


Asked on 2/03/00, 8:13 pm

1 Answer from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: debt collection

The folowing answer is based upon your statement . The answer does not establish an attorney client relationship.

The default judgment entered against you was based upon the alleged service of process upon you. You should see an attorney to make application to the Court to vacate the judgment for the reason of 'sewer' service. The current notice you received is probably to obtain an order compelling you to reply to the interogatories. The motion to vacate can be set to be heard by the Court at the same time.

If you agree you need counsel, you may call me at 305-940-8080.

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Answered on 2/04/00, 7:42 pm


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