Orlando lawyer, lawyer in Orlando, FL

Hundreds of thousands of consumers are sued every year for not paying debts. Because lawyers deal with lawsuits all the time, we take it for granted that our clients know what is going to happen if a law suit is filed.

So what happens when you are sued? It is a scary moment when you get that knock at the door from a process server or Deputy Sheriff, or you get a notice that you have certified mail to pick up. You have been officially served with a Summons and Complaint informing you that you have been sued. So now what?

When you receive a Complaint (for a debt over $5000) you have 20 days to respond to the Complaint. Carefully review and look over the complaint. Do you recognize the debt in question? Is it from Asset Acceptance, LVNV, Unifund, or Midland Credit Bank? A lot of times, debt collection law firms will sue on behalf of debt they really shouldn't be collecting on. Lately, lenders have been clearing the cobwebs off charged-off accounts and selling old, unpaid debts to collection companies.

Last year more than $75 billion in old debts were sold to collections outfits for pennies on the dollar. If the collector files suit against you, my law firm attends the hearing prepared with evidence that the statute of limitations has indeed expired.

At some point in time, an Answer is filed to the Complaint setting out what facts are admitted and what facts are denied. At the time of filing the Answer, you also set out any affirmative defenses and file any counter claim that you may have against the person initiating the law suit. A lot of times, collection agencies have violated federal statutes under the Fair Debt Collections Practices Act. Once Answers are filed and Counter Claims have been responded to, the litigation enters into the discovery phase. It is during this time that depositions of parties and experts are taken, interrogatories (written questions) are submitted for answering and Request for Production of Documents are served. It is during this discovery phrase that you can find out what contentions the other side is making and damages that they are claiming.

Most courts in Florida also require that the parties submit to mediation to see if the dispute can be resolved short of a trial. The parties to litigation usually agree to a mediator (a neutral third party) or the court appoints a panel of mediators from which the parties select. If the litigation does not get resolved informally or through mediation, a trial then takes place. The trial can be either a bench trial where evidence is presented to a Judge, or a jury trial. At this point in the litigation, the parties present testimony and evidence to the trier of fact who then issues a decision. A jury or trial court decision can be appealed to the Florida District Courts of Appeal.

The rules are different for small claims cases. In Florida, these cases are for debts $5000 or below. In small claims cases, a Pre-Trial Conference will be scheduled within 60 days.

Typically, an answer is not initially filed with the court. You will receive a Statement of Claim alleging that you owe a debt. There is a strong likelihood that the lawsuit will not have an account number nor a date of alleged default on the debt. You are entitled under the Fair Debt Collection Practices Act to request validation of that debt. The whole business model is that they want Florida consumers to default on the lawsuit by not showing up so the debt buyer will win without a fight. Then a judgment will be present on your credit reports and you can have your wages and bank accounts garnished.

When the date comes for the Pre-Trial Conference, make sure you attend. The judge will go over the rules of his or her courtroom and discuss what is going to happen. We as lawyers take our composure in the courtroom for granted. To the average consumer, standing in front of a judge in a black robe sitting on a raised desk above you with the quote "We Who Labor Here Seek Only Truth" emblazoned behind him or her is intimidating to say the least. To many consumers it happens all too quick. The judge will ask you simply, "Do you admit or deny the debt?"

Unfortunately there is no third choice as there is in criminal courts (guilty, not guilty, or no contest). If you say you admit the debt, GAME OVER. You will be responsible for the full amount of the debt they are seeking. If you say you deny the debt, you will most likely be herded into a room where a mediator will sit down and you will have the opportunity to settle the debt. THERE YOU WILL HAVE THE RIGHT TO NEGOTIATE THE DEBT. DO NOT ASSUME YOU HAVE TO PAY THE FULL AMOUNT THEY ARE SEEKING. TREAT IT LIKE YOU ARE BARGAINING FOR A NEW CAR. Debt collection attorneys are content receiving whatever they can get. If you agree to make payments, do not cave in to their proposed monthly amount. Be strong and tell them the lowest amount you can afford even if it is $30 dollars a month! Remember, these debts are usually charged off and the creditor has already written them off and received a tax benefit from the debt. This is just icing on the cake for them. If monthly payments are agreed to, demand that they do not begin for 60 to 90 days so you can financially prepare for this added monthly expense. Remember, everything can be negotiated. When agreeing to monthly payments, be aware, if you do not pay on time, a judgment can be ordered against you for failure to pay and your wages can be garnished.

The United States of America has afforded consumers the right to act on their own behalf in the court of law. Exercise your rights. If you do not feel comfortable acting on your own behalf, hire an attorney. If you are sued, and you want to hire an attorney, you need to seek one as soon as possible to protect your rights. The worst thing you can do is to ignore the law suit. The litigation will not go away on its own.

Our rates for debt collection lawsuits are surprisingly affordable and we accept all major credit cards. As a member of the National Association of Consumer Advocates (NACA) I attempt to make legal help affordable to consumers. In some instances, payment plans can be arranged. Call me now at (407) 236-7171.