Offer to settle credit card law suit rejected

[wsgreene2003]

I am being sued by a law office representing a credit card company. I contacted the plaintiff's office (already received a summons to appear in court about the debt) to discuss a settlement agreement that I feel is fair to both parties. The gentleman I talked to was totally unprofessional, loud, obnoxious and downright HATEFUL! He told me I had to pay the full amount of the debt (<4K) and if I didn't they would come and take my property. I live in Florida. I told him my house was properly homesteaded in 1991 (court documents filed with local county court house); I am head of household and my wages were 100% exempt from garnishment; my checking account is jointly held as husband and wife; what few assets I do have are marital property, obtained during our marriage, and are held as husband and wife. AFTER stating this information to him, he says he STILL can take my property, garnish my wages, and levy against my automobile. I have active liens against all my automobiles (2) and the titles are in both of our names AS HUSBAND AND WIFE. What can I do to prevent him from seizing my assets after this threat from him? Could I tell the judge that I offered a settlement that was refused, tell him what I offered, and if he deemed it a fair settlement, force the plaintiff to accept the offer? Just want to know where I stand in this whole matter, this is the first time I will have ever went to court for ANYTHING! Thanks for the advice!!1

 

[lwpat]

First of all you need to reply to the summons within the deadline or they will get a default judgment. You can check the SOL to see if that is available as a defense and include it in your answer since it is an affirmative defense that has to be plead or it is waived.

 

[garykittrell68]

I would believe that they would want to settle on a reasonable amount, after all, It's costs a lot of money to sue people, and even when you win it will still cost you quite a bit to collect!
In the state of Florda the statute of limitations on this type of debt is 4 years. That is 4 years from when the the account went un-paid, or inactive. Check your dates.....Maybe you can have all this whole mess dismissed.

Gary