BB&T BANK BUILDING
9501 US HIGHWAY 19, SUITE 210
PORT RICHEY, FLORIDA 34668
Thank you for visiting our website. Please feel free to peruse the website as it contains relevant information regarding the myriad of approaches one may take when confronted with a lawsuit.
Lawsuits in Pasco County are typically filed in either the Pasco County Courthouse or the Circuit Court with jurisdiction over Pasco County. If you have received information from our Office regarding the filing of a Lawsuit or Foreclosure against you, then the Lawsuit is probably in its initial stages.
The first step in a Lawsuit filed by a Creditor is the filing of the Complaint in the appropriate Courthouse in Pasco County. After the Complaint is filed the Clerk of the Court will issue a Summons. In Pasco County the Summons and Complaint must then be served upon the Defendant, meaning the person or party being sued in the Lawsuit. Either a process server or a County Sheriff assigned to such duties, will appear usually at your residence to deliver the Complaint and the Summons.
The delivery of the Complaint and the Summons signifies that the Defendant has been served. Generally, after Service has been made, the Defendant has twenty (20) days to file an Answer or response to the Lawsuit.
It is generally advisable to file an Answer because if an Answer is not filed the Creditor may swiftly seek a Default Judgment in the Lawsuit.
If a Lawsuit has been filed against you, there are numerous remedies you may pursue to confront the Lawsuit and the Creditor. One may seek to defend the Lawsuit. In some cases, the Lawsuit may be without merit, or the Defendant otherwise has Defenses against the Lawsuit. If the filing of the Lawsuit is after the time permitted by the Statute of Limitations, which in the State of Florida is generally five (5) years, then the Defendant may seek the Dismissal of the Lawsuit.
Even if there a no available Defenses which would warrant the Dismissal of the Lawsuit, the filing of an Answer in good faith will allow the Defendant, either through the representation of an Attorney or without, to attempt to negotiate a Settlement beneficial to the Defendant.
If the Defendant has significant Debt, either presented by the Lawsuit alone, or significant other Debt when combined with the Lawsuit, another option would be the filing of a Bankruptcy. There are two main categories of Bankruptcy that the Debtor or Defendant may employ.
Chapter 7 Bankruptcy is generally referred to as a Straight Bankruptcy or Straight Liquidation. In a Chapter 7 Bankruptcy, the Debtor seeks to Discharge all or most of his or her Unsecured Debts, such as Credit Cards, Medical Bills, Personal Loans, and similar varieties of Debt.
The Chapter 13 Bankruptcy is often named either a Debt Reorganization, Debt Consolidation or The Wage Earner’s Plan. In a Chapter 13, the Debtor may not only dramatically decrease or even eliminate the monies paid to Unsecured Creditors, but may also pay Secured Debts, such as automobile loans, in a reduced payment.
As an Attorney who has almost exclusively assisted and represented Clients for almost thirty (30) years in both the defense of Lawsuits, and Bankruptcy Proceedings, I consider myself and my Office well prepared to help you in this matter.
You may reach me by telephone at either 727-375-9378 or Toll Free at 1-800-407-3328 (DEBT) or by sending a Contact Form through the website, you are presently using, at www.jayweller.com
I will speak or meet with you personally to discuss the options and solutions to the problem presented by this Lawsuit. I will not charge you for our consultation, but will present a full analysis of your case, and explanation of available options and solutions.
You may also visit not only our offices in Pasco County but our other Offices located throughout the greater Tampa Bay region, including our Offices in Hillsborough, Pinellas and Polk Counties.
Jay Matthew Weller