Credit card judgement

The summons being returned unserved means that they must issue an "alias" (second) summons. As head of household your pay cannot be garnished. Your Florida homestead cannot be taken. You are allowed to have 6 months wages in a bank account, and your household goods are of little interest to a creditor. You have an automobile exemption of $1,000, but if you use other exemptions to bolster it you can protect a $4,000 car ($3,225 in bankruptcy). In short, you are not really in a position that they can make you agree to anything. If they get a judgment, it's pretty much just going to sit. Sometimes the credit card companies sue people when the statute of limitations (4 years) has already passed, and other times they cannot come forward with the documentation needed to prove their case (particularly if they are a junk debt buyer, not the original creditor). Check with the law school up in Gainesville to see if you can get some help from their legal clinic.

Yes, you will have the opportunity to be present at a hearing. The judge may require that you and the collections attorney go outside the courtroom to discuss settlement. If you have received court papers, you should not ignore them. Failing to respond within the allotted time will result in a default judgment. Always answer the summons within the time required. When you are served with a law suit, the papers will tell you what the time period is in order to respond. Without this response, the party that brought the suit can apply for a default judgment against you and will also pile on attorney fees and costs. If you have any doubt how to answer the legal papers, here are some options: (1) Go to the court clerk's office and ask for help. Court clerks may not give legal advice and so you should not rely on the clerk’s office to tell you what to say in response to the legal allegation, or how to defend yourself. However, they may be able to assist in providing various forms or explaining the time deadlines. (2) Retain an attorney. This is the best option because an attorney understands the meaning of the language in the complaint and understands what valid defenses you have. (3) If you can not afford an attorney, call the state or county bar association and ask for a low fee or no fee referral. Beyond answering the legal papers, civil court rules also allow you to send discovery to the people who have sued you, requiring them to answer questions and to provide documents. This can only be done if you answer in a timely fashion, and should really only be done by an attorney. I truly wish you the best. This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

I must agree with Mr. Hankins. In short, "you can't get blood from a stone." Many creditors will file suit when they realize that the Statute of Limitations is about to expire. Those (such as credit card companies which carry a great deal of debt) file these suits whether the debtor is collectable or not.