Credit Card Debt Defense FAQs
What type of debt can you help with?
At Debt Defense Law, we focus on helping consumers with credit card debt defense. Our targeted focus allows us to be very skilled at defending consumers from debt collectors, bill collectors, credit card companies, and their lawyers. We may be able to help in the following situations:
- you have received a court summons for an old credit card debt
- your wages have been garnished due to a court judgment regarding a credit card lawsuit
- a default judgment has been ordered
- you missed a court date regarding your credit card lawsuit
- bill collectors are contacting you regarding credit card debt and you want a knowledgeable attorney to negotiate with or fight off the debt collector’s attorneys
- you have questions about old credit card debt that you have stopped paying, but are concerned about what will happen in the future
What if my wages have already been garnished?
While the Florida credit card wage garnishment laws can be complicated, the good news is, it may not be too late. If you can jump through the necessary hoops and prove that you qualify for one of the legal exemptions (head of household, social security, disability, tenancy by the entireties), then the court will order the garnished money returned to you. However, be warned–debt collectors may drag their feet in submitting the order, causing a delay in the return of your money. An experienced consumer lawyer will be familiar with the Florida wage garnishment laws, the applicable defenses and how to file the paperwork, and will be able to combat the tricks that the credit card companies’ lawyers may use to delay the return of your money. Contact an experienced consumer lawyer, preferably a lawyer who specializes in debt lawsuit defense, with the details of your situation to find out if your garnishment can possibly be reversed according to the Florida credit card wage garnishment laws. In some cases, it can be proved that the judgment itself is void, and it can be set aside.
What is the debt statute of limitations?
If you look to the fine print in your credit card agreement, there will be a “choice of law” or “governing law” provision section. The statute of limitations of the state referenced in this provision may be used as a very strong defense to your lawsuit. (See Delray vs. Capital One Bank) So, while the Florida statute of limitations may be a defense to your lawsuit, the statute of limitations of the other state listed in the fine print of the credit card contract may provide even better defenses. In other circumstances, debt collectors will not attach the credit card agreement, and no choice-of-law will be applicable (unless you prove it), however, in my experience, it has been possible to drastically shorten the statute of limitations from the former “5 years from the date of last paymennt” as believed by the Miami-Dade court system and debt collectors.
Confused? There’s no doubt that Florida credit card statute of limitations is a complex and detailed issue, and it is currently being hotly debated by debt collection attorneys, judges, and consumer attorneys across the state of Florida. Only a handful of consumer attorneys understand the nuances of the issue at hand. Contact a consumer lawyer familiar with statute of limitations defenses for credit card debt.
What is a default judgment?
The penalty for failing to show up to court as ordered is a default final judgement. Kind of like in sports, the credit card company’s lawyers have won their case by default because the other team (YOU) failed to show up for court. However, a default judgement may be overturned by an experienced consumer lawyer, and then you’ll have the opportunity to defend yourself with your own skilled legal counsel by your side. You’ll even have a strong chance of winning the case in its entirety–and then you wouldn’t have to pay the debt collector a dime! Remember–showing up for a hearing unprepared, and assuming that the judge and opposing lawyer will take pity on you because you have no money to pay, doesn’t work. Stating that you don’t have money will generally result in the court entering a final judgment against you for the full amount being sought. There is little that a consumer lawyer can do for you after you make such an admission to the debt or amount in court, or after you sign a settlement stipulation in court. So your situation if you’ve been hit with a default judgment might not be so bad…contact a consumer lawyer and review the details of the case and the judgment. A default judgment can be vacated, but a signed settlement agreement or open admission to the debt and amount cannot.