A Lawsuit or Foreclosure filed against you is understandably a cause for concern. However, there are a number of strategies and solutions to such issues.
For almost thirty years practicing as an Attorney in Pinellas County, I have exclusively dedicated my efforts towards the representation of individuals and small business owners confronted with the efforts of Creditors, whether through Lawsuits or Foreclosures, or other means, to collect on Debts. Along with our Office in Pinellas County, Weller Legal Group PA has Offices throughout the greater Tampa region including Hillsborough, Pasco and Polk Counties. In each Office, the Attorneys, Paralegals and Counselors are also committed to the singular purpose of assisting and representing persons who are under the duress of Lawsuits, and actions of Creditors.
If you have received a Letter from myself, then you are probably the Defendant in a Lawsuit or Foreclosure filed by a Creditor or Plaintiff. The initial stage in a Lawsuit is the filing of a Complaint in the appropriate Court in Pinellas County. Lawsuits and Foreclosures are generally filed in either the Pinellas County Courthouse or the Circuit Court for Pinellas County.
After the Complaint is filed the Clerk of the Court will issue a Summons. After the Summons is issued the Creditor will either employ a Process Server or a County Sheriff to deliver the Complaint and Summons. When you receive the Summons and Complaint, you generally have twenty (20) days to file an Answer or response to the Summons and Complaint.
It is usually advisable to file an Answer within the prescribed time period. The Answer will prevent the issuance of a Default Judgement. A Default Judgement means that the Creditor may more quickly seeks its remedies in the Lawsuit or Foreclosure. Such remedies may include the garnishment of wages or bank accounts, or the seizure of property or the sale of one’s Homestead at a Foreclosure Sale.
If you wish to discuss these issues with me personally, you may either simply call the Office at 727-539-7701 or Toll Free at 1-800-407-3328 (DEBT). You may also send me a Contact Form through our website at www.jayweller.com
I will not charge you a fee to discuss these issues with you. I will provide a full analysis of your case and will generally be able to offer a beneficial solution. I have found in the almost thirty (30) years I have represented both individuals and small businesses confronted by Debt that a solution beneficial to my Clients were invariable found.
We may be able to either defend you in the Lawsuit or Foreclosure Action or at a minimum, negotiate a Settlement on your behalf. Depending upon the amount sought in the Lawsuit or Foreclosure, and the presence of other Debt, a Bankruptcy might be a viable remedy.
The filing of a Bankruptcy typically will stop most Lawsuits or Foreclosures, through the operation of what is referred to as the Automatic Stay. A Chapter 7 Bankruptcy will often permit the Filer to eliminate or reduce most if not all of his or her Unsecured Debts such as Credit Cards and Personal Loans, while retaining most if not all of his or her important assets, such as Home, Property and Automobile.
Chapter 13 Bankruptcy is referred to as a Debt Consolidation, Debt Reorganization or Wage Earners Plan, and permits the Debtor to consolidate Debts including Credit Cards and other Unsecured Debts, and often even one’s Automobile and other Secured Debts into one monthly payment. Chapter 13 Consolidation Plans generally involve one consolidated payment over a period of thirty-six (36) to sixty (60) months.
Chapter 13 Bankruptcy is often also used by individuals facing Foreclosures. A Chapter 13 Filer may seek to pay any arrearages owed on the home or Homestead or other real estate over a period of not more than sixty (60) months.
Jay Matthew Weller