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I was just served a pretrial letter for a 1069.17 credit card debt. What happens if I dont attend the hearing. I'd rather just pay what I owe and get over it. Will I go to jail. Will they put a lien on my home for 1069.17 Will there be a warrant for my asrrest. Why cant I just call the lawyer now and set up an agreement.
Already Tried: Florida. I got this credit card about five years ago.
Hello,If you have been served a summons for a debt, if you don't appear, the creditor will likely be awarded a default judgment. They can then take that judgment and file liens on any real estate, seize any bank accounts in your name and garnish any wages you may earn in order to satisfy the debt.Since this is a civil matter, no warrant will be issued, the creditor will just get a default judgment that they will then attempt to enforce. You might be able to work something out with the creditor's attorney, but they are under no obligation to do so.
If the debt is more than 5 years old, you can argue that the statute of limitations has run and they can't collect on the debt.
Fla.Stat. 95.11(2) WITHIN FIVE YEARS.--(b) A legal or equitable action on a contract, obligation, or liability founded on a written instrument, except for an action to enforce a claim against a payment bond, which shall be governed by the applicable provisions of ss. 255.05(10) and 713.23(1)(e).
Thanks.
Matt
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12 yrs practice, Realtor, Landlord 20+ yrs