THE TYLER BUILDING
1543 LAKELAND HILLS BOULEVARD #1
LAKELAND, FLORIDA 33805
(863) 802-5505
A Lawsuit or Foreclosure filed in Polk County is generally filed in either the Pasco County Courthouse or the Circuit Court for Pasco County. If you have received a letter from our Law Office, then such letter probably signifies that you are in the initial stages of a Lawsuit or Foreclosure being commenced against you.
When a Creditor, designated as the Plaintiff, files a Lawsuit, such Creditor will initially file a Complaint in the appropriate Courthouse in Polk County. After the Complaint is filed, the Clerk of such Court will then quickly issue a Summons. Such Summons will then be then delivered personally by a Process Server or sometimes, by a County Sheriff, given the assignment of delivering of Lawsuit or Foreclosure documents.
When the Defendant, namely the person who is subject to the Lawsuit or Foreclosure, receives the Complaint and Summons, then that person or party is considered officially Served. Generally, the Defendant has twenty (20) days to file a response of an Answer to the Lawsuit. If an Answer is not filed within the prescribed twenty-day period, then the Plaintiff or Creditor may seek a Default Judgment against the Defendant. It is generally beneficial that the Defendant file an Answer, as such response will allow the Defendant additional time to formulate an appropriate strategy to handle the Lawsuit or Foreclosure.
One solution may be to seek to defend the Lawsuit or Foreclosure. In some instances, the cause of action brought by the Plaintiff may be without merit. Additionally, if the Plaintiff in a Lawsuit brings a Lawsuit after the time permitted by the Statute of Limitations, any competent Attorney should be able to easily seek the Dismissal of the Lawsuit.
Furthermore, the filing of the Answer places the Plaintiff, whether represented by an Attorney or without, the opportunity and strength of position, to seek a Settlement of the Lawsuit, in a manner that is more beneficial to the Defendant.
Another option is the filing of a Bankruptcy. Bankruptcy will generally stop most forms of Lawsuits or Foreclosures through a device called the Automatic Stay. In a Chapter 7 Bankruptcy the Debtor will seek to Discharge or eliminate most or all, of his or her Unsecured Debts, which would include Credit Card Debt. In most cases, the Debtor may retain most if not all, of his or her important Assets, including the automobile, home, and personal property.
In a Chapter 13 Bankruptcy, the Debtor will seek to consolidate his or her Debts. Chapter 13 Bankruptcy is also generally used by persons facing Foreclosure on their homes or Homesteads. In a Chapter 13, the Debtor may pay any arrearages or missed payments owed on their Homestead over a thirty-six (36) to sixty (60) month period. Additionally, Chapter 13 may permit the Debtor to significantly reduced automobile payments and even amounts owed on automobile loans, for persons with significant negative equity in their automobiles.
I have dedicated the entirety of my almost thirty (30) years as an Attorney, representing individuals and small businesses who are confronted with Lawsuits and Foreclosures, and other forms of difficulties presented by Creditors. My Office, Weller Legal Group PA, only represents persons facing such issues. Along with our Office in Lakeland, Florida we also have Offices throughout the greater Tampa Bay Area, including Offices in Hillsborough, Pinellas, and Pasco Counties. All the Attorneys, Paralegals and Personnel in these Offices are, likewise dedicated to the assistance of persons such as yourself, in the goal of either the elimination or reduction of Debt.
You may contact me personally at either 863-802-5505 or Toll Free at 1-800-407-3328 (DEBT) to discuss the issues presented not only by this current legal matter, but also the issues presented by the complete and total amount of Debt which you are confronted. I will conduct a full analysis of your case and present the best solutions which are available.
I will not charge you to either speak with or meet you personally.
If you wish to attend our office in Lakeland, you are welcome to come in for a scheduled appointment. We are located at 1543 Lakeland Hills Boulevard in the Tyler Building, in Lakeland. Our Office is located almost directly across the street from Morton Plant Medical Center, and equally between the locations of Lakeland Regional Hospital and the Detroit Tigers Baseball Stadium. Just enter at the red door located nearest the Tyler Building sign at the front of the building. We are the very first office in the building.
Jay Matthew Weller