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my wife was served with a notice to appear for pre-trial conference/mediation in polk county florida for a suit filed by a collection agency on a past due amount on a credit card. It states if she does not appear they will be awarded a default judgement. What is the best course of action? What are the consequences if she does not appear?
Optional Information: Country relating to Question: United States State (if USA): Florida Already Tried: Nothing. Just received the summons
Hi - my name is XXXXX XXXXX X'm a Business litigation attorney here to assist you.
If your wife doesn't appear, the creditor will be allowed to take a judgment by default against her. If that happens, the creditor will be allowed to try and collect via wage garnishment, bank levy, etc. in order to satisfy the amount due to the creditor.
It is certainly in her best interest to appear and try to work something out with the creditor. If she does appear, she can speak with the creditor's attorney and discuss a payment plan of some kind.
If she doesn't appear, then she will face collection attempts, and the only way to stop them would be to file bankruptcy.
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