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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10484
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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I have a civil lawsuit against me because of a credit card I

Customer Question

I have a civil lawsuit against me because of a credit card I failed to pay on. I fell on hard times and was unable to pay... I want to pay the cc company back.. What is going to happen at the mediation?
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 2 years ago.

What state is this in regards to?

Customer: replied 2 years ago.
Florida
Expert:  LegalGems replied 2 years ago.

At the mediation, if it is court ordered, the court will appoint a mediator who is a neutral party that will attempt to "mediate" or "facilitate" an agreement. For example, if the debt is valid, the consumer may propose a lump sum settlement to avoid payment in full. Generally the mediator will talk to both parties to help find a settlement that is attractive to both sides, so that the trial can be avoided. Most parties are motivated to settle due to the time/expense involved in litigation. If the debt is legitimate, there is no need to wait for formal mediation in order to propose a settlement. If settlement is reached, the creditor can file a request for dismissal. Please note that whenever there is a settlement of debt for less than the full amount owing, the creditor will issue a 1099c to the consumer so that the creditor can write the difference off on their taxes; this is taxable income to the consumer and typically comes as a shock so please be aware of that. One moment please.

Expert:  LegalGems replied 2 years ago.

Additional information on mediation:

Definition

The mediator is an impartial facilitator in the confidential process. The mediator attempts to help the parties resolve the issues before trial.

Settlements

If the case is resolved, the mediator assists in preparing the document, which is submitted to the court. In family cases this agreement must be approved by the court.

Continuations

Some cases are continued for another mediation due to lack of information or time for consideration. The parties sign an agreement to return to the process on another date and time.

No Agreement - If the parties are unable to resolve the issues:

  • County Civil: A trial will be set by the judicial assistant or clerk.

If the parties have attorneys, the attorneys and the parties must appear.

Expert:  LegalGems replied 2 years ago.

In most court rooms, the mediation is conducted in a private room. Some mediators will separate the parties and act as the go between, presenting offers to each party. However, typically it is conducted in the same room.

Expert:  LegalGems replied 1 year ago.

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Expert:  LegalGems replied 1 year ago.

Here is a link to locate an attorney:
http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm

Should you have further questions please post here to continue our dialogue. Otherwise,

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