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estate planning probate personal representatives elder law powers attorney living wills open technical issues linkback thread tools rate thread display modes cdm member date oct location florida posts statute limitations name state florida hi yr old credit card debt served papers default recorded public record fear ignorance agreed payment plan collection agency set post dated payment canceled arrangement due change income unfortunately done twice months hooray fl job market realize yr old debt statute limitations affect yrs handled differently understand owe debt payments sued insane amount interest fees triples original balance know statute limitations restarted set payment plan prolong case way requesting show proof debt said owe original amount court argument pay extra fees thanks advance advice sponsored debt guy senior member date jan posts know statute limitations restarted set payment plan need read statutes state answer exactly sign payment plan sign agreed judgment prolong case way requesting show proof debt depends mean prolong exactly process currently litigation deadline answer said owe original amount court argument pay extra fees ahhh magic compound interest albert einstein reputedly bright guy said powerful force universe compound interest original agreement provided fees interest challenge demand accounting litigation sorry written agreement prevail attorney cdm member date oct location florida posts thank reply detail read papers thoroughly mailed default final judgment fact sheet attached paper mentions pre trial conference took place knew sign agreed pay just set phone requested fax papers back researched law office associated plaintiff hayt hayt landau learned actual lawyers debt collectors called info transfered call center mention court matter simply say set payment plan take info issue resolved originally thought just aggressive scheme collect debt judgment recorded public record freelancing months judge sentence serve time cant garnish wages lien credit research online just curious knows thanks attorney senior member date jul location third planet posts quote originally posted cdm freelancing months may want rethink employment strategy doing months show quote originally posted cdm judge sentence serve time cant garnish wages unfortunately longer prisons jail paying quote originally posted cdm lien credit sure mean appear credit dc reduced participation rarely means really look forums question senior members know contact personally respect greatly need break lawyer lawyer lawyer getting advice anonymous people internet talk local attorney research action attorney cdm member date oct location florida posts quote originally posted may want rethink employment strategy doing months show plenty show working dont right rent financed car mentioned freelancing bc wondering route collector take garnish wages thank attorney senior member date jul location third planet posts quote originally posted cdm plenty show working dont right rent financed car mentioned freelancing bc wondering route collector take garnish wages thank hauling clients court attention issuing assignment order orders pay judgment holder you wage garnish judgment holder take penny clients owe you need understand dealing simple collection anymore judgment gives options money take dc reduced participation rarely means really look forums question senior members know contact personally respect greatly need break lawyer lawyer lawyer getting advice anonymous people internet talk local attorney research action attorney cdm member date oct location florida posts quote originally posted hauling clients court attention issuing assignment order orders pay judgment holder you wage garnish judgment holder take penny clients owe ugh thank info attorney laquo previous thread thread raquo currently active users viewing thread members guests thread tools show printable version email display modes rate thread linear mode switch hybrid mode switch threaded 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Refinancing Foreclosure Neighbors Boundaries Other Real Estate Law Questions Tax Law Drunk Driving Speeding and Other Moving Violations Parking Tickets and Non Moving Violations Wills Trusts and Estate Planning Probate and Personal Representatives Elder Law Powers of Attorney Living Wills Open TECHNICAL Issues ONLY LinkBack Thread Tools Rate Thread Display Modes AM cdm Member Join Date Oct Location Florida Posts statute of limitations What is the name of your state Florida Hi I have an yr old credit card debt that I was recently served papers for The default has been recorded in public record and out of fear and ignorance I agreed to a payment plan with the collection agency I set up a post dated payment and then canceled the arrangement due to a change in income Unfortunately I've done this twice in the last months Hooray for FL job market Now I realize that since this is an yr old debt the statute of limitations was in affect yrs and I SHOULD have handled this differently I understand I owe the debt and can make payments however now that I'm being sued there is an insane amount of interest and fees which almost triples the original balance Does anyone know if the statute of limitations restarted when I set up the first payment plan Or can I prolong this case in any way by requesting to show proof of debt etc Like I said I owe the original amount but if it doesn't go to court then do I have an argument NOT to pay the extra fees Thanks in advance for any advice Sponsored ad PM Debt Guy Senior Member Join Date Jan Posts Does anyone know if the statute of limitations restarted when I set up the first payment plan You need to read the statutes of your state Most likely the answer is yes Exactly what did you sign with the payment plan Did you sign an agreed judgment Or can I prolong this case in any way by requesting to show proof of debt etc Depends what you mean by prolong and exactly where you are in the process Are you currently in litigation When is your deadline for answer Like I said I owe the original amount but if it doesn't go to court then do I have an argument NOT to pay the extra fees Ahhh the magic of compound interest Albert Einstein reputedly a bright guy said the most powerful force in the universe was compound interest Besides the original agreement provided for all those fees and interest You can challenge it and demand an accounting if you are in litigation but otherwise sorry The written agreement will prevail Find an Attorney AM cdm Member Join Date Oct Location Florida Posts Thank you for your reply here's further detail as I've read the papers again more thoroughly I was mailed a Default Final Judgment with a fact information sheet attached The paper mentions a pre trial conference that took place that I knew nothing about I didn't sign anything when I agreed to pay it was just set up over the phone They requested I fax papers back but I never did I've researched the law office associated with the plaintiff Hayt Hayt and Landau and learned they are not actual lawyers but debt collectors When I called them for further info I'm transfered to a call center where there is no mention of a court matter I simply say I'd like to set up a payment plan and they take my info issue resolved I have originally thought this was just an aggressive scheme to collect on this debt however this judgment is recorded in public record now I've been freelancing the last few months and own nothing Would a judge sentence me to serve any time if they cant garnish wages etc Or maybe a lien on my credit I'll research this online but just curious if anyone knows here Thanks again Find an Attorney AM debtcollector` Senior Member Join Date Jul Location On the third planet Posts Quote Originally Posted by cdm I've been freelancing the last few months and own nothing You may want to rethink your employment strategy if you have been doing it for a few months and have nothing to show for it Quote Originally Posted by cdm Would a judge sentence me to serve any time if they cant garnish wages etc Unfortunately we no longer have debtor's prisons You cannot go to jail for not paying Quote Originally Posted by cdm Or maybe a lien on my credit Not sure what you mean Yes it will appear on your credit DC I have reduced my participation to very rarely which means I'll really only look at the forums when I get a question from one of the senior members that know how to contact me personally and whom I respect greatly or I need a break I am not a lawyer If I were a lawyer I would not be your lawyer You are getting advice from anonymous people on the internet talk to a local attorney and or research for yourself before taking any action Find an Attorney AM cdm Member Join Date Oct Location Florida Posts Quote Originally Posted by debtcollector` You may want to rethink your employment strategy if you have been doing it for a few months and have nothing to show for it I have plenty to show for working however I dont own anything out right I rent a home financed a car etc I mentioned my freelancing bc I was wondering another route the collector would take if they could not garnish wages Thank you for your help CM Find an Attorney AM debtcollector` Senior Member Join Date Jul Location On the third planet Posts Quote Originally Posted by cdm I have plenty to show for working however I dont own anything out right I rent a home financed a car etc I mentioned my freelancing bc I was wondering another route the collector would take if they could not garnish wages Thank you for your help CM Well hauling your clients into court should get your attention Then issuing an assignment order which orders them to pay the judgment holder instead of you As you have no wage to garnish the judgment holder can take every penny your clients owe you You need to understand that you are not dealing with simple collection anymore They have a judgment which gives them many more options to find your money and take it DC I have reduced my participation to very rarely which means I'll really only look at the forums when I get a question from one of the senior members that know how to contact me personally and whom I respect greatly or I need a break I am not a lawyer If I were a lawyer I would not be your lawyer You are getting advice from anonymous people on the internet talk to a local attorney and or research for yourself before taking any action Find an Attorney AM cdm Member Join Date Oct Location Florida Posts Quote Originally Posted by debtcollector` Well hauling your clients into court should get your attention Then issuing an assignment order which orders them to pay the judgment holder instead of you As you have no wage to garnish the judgment holder can take every penny your clients owe you ugh Thank you for the info Find an Attorney laquo Previous Thread Next Thread raquo Currently Active Users Viewing This Thread members and guests Thread Tools Show Printable Version Email this Page Display Modes 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