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Ask Ellen Your Own Question
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I have a credit card debt of about $13,800.00---One company

Customer Question

I have a credit card debt of about $13,800.00---One company $5600 and another $8200.
The one with the 5600 is working with me. The other one is not---Last May (2011) their
attorney filed a motion for entry of default final judgment, we had a hearing and the judge
denied the motion.
Then in June of 2011 I received a letter from their attorney stating that his client had given him authority to settle at a reduced amount and if I was in favor of that I could contact, via email, a representitive in his office to make arrangements.
I sent a reply that I would entertain such a proposal, however he would have to give me the reduced amount before I could give him a proposal. To date, I have not received an
answer. On Nov. 15th. I received another letter from the attorney containing the exact same information as the June 7th letter. I sent another email requesting the reduced amount, pointing out that I had followed up on my June 7th. email and now this which totals ( 3) requests for the reduced amount and still no acknowledgement.
Now in the latter part of Jan./1st. part of Feb. I have received another noticed that he has filed a motion for entry of default final judgment again. Hearing set for 3-23-2012.
Can he file another motion when the first one was denied.
Sorry, for the long explanation, but thought you needed some background to give an answer.

Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 4 years ago.

WebLaw :

*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

WebLaw :

Welcome to JustAnswer,

So sorry to hear of this dilemma. I am a Florida attorney. If my answer is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button.

WebLaw :

The short answer is yes he can

WebLaw :

In order to avoid a default judgment, you must file a responsive pleading with the court. An e-mail or telephone call to the attorney is insufficient

WebLaw :

I think this is what you wanted to know. Please use the REPLY button if you have any questions concerning my answer. Otherwise please click ACCEPT so that I am paid by the site for answering.

Customer: replied 4 years ago.
How do I go about filing a response plea?
Expert:  Ellen replied 4 years ago.
A responsive pleading is an answer to the complaint or motion. It is specific to the pleadings have been filed with the court already. It would be best to retain local counsel to review the pleadings that have been filed and to appropriately respond.Here is a link to a free legal referral site that may assist you in locating competent local counsel: