Legal Question in Civil Litigation in Florida

Question: If I have a debt that has been bought by a credit agency, can they take legal action against me. I have lost everything during this crisis and now am being tracked down at a treatment facility I am seeking treatment from in another state One is an auto loan. I willingly gave the car back to them, now they want the balance. Another is a non-secured credit card. I am also losing my home, but that is going through the process of foreclosure. Please advise. I can't deal with this extra pressure right now.


Asked on 4/26/10, 11:06 am

2 Answers from Attorneys

Robert Wilcox Wilcox Law Firm

It sounds like what you refer to as a credit agency is actually a collection agency, that may be either working for the creditor or has "bought" the debt from the creditor. If the debt is valid, they have the right to contact you to try to collect and sue you if they cannot collect in other ways.

The fact that you willingly gave the car back probably does not protect you from the lender's efforts to collect on the difference between what they sold the car for and what you owed, called a "deficiency".

IfI were sitting down with you I would ask you "even if your creditoors get a judgment against you, what can they really collect?". This involves analyzing your overall situation. If you don't have property or wages, then it may be very hard for any creditor to actually collect from you.

You can write to the creditor and request that they contact you only in writing.

See http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm for how to do that.

If your debts are overwhelming, and you just cannot repay them, you may want to consider having them discharged in a personal bankruptcy. This can take care of the old debt once and for all, and can actually help you put things behind you so you can concentrate on your rehabilitation.

Good Luck.

Robert Wilcox

(904) 281-0700

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Answered on 5/01/10, 11:28 am
Angelo Marino Angelo Marino Jr. PA

I suggest you see a consumer lawyer to see if some of these debts can be defended and won. Most consumer laws provide for attorney's fees amd most lawyers will look at the case for no fee to see if they can help you. See www.ConsumerLawyerHelp.com

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Answered on 5/01/10, 7:52 pm


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