Lawsuit Information From Weller Legal Group


Thank you for visiting our website. If you have received a letter or correspondence from our office regarding a lawsuit or foreclosure filed against you, and are now visiting our website, then you are aware that a significant legal action has been commenced to collect on a debt alleged to be owing.

The first step in a lawsuit is the filing of the Complaint in the appropriate County Court along with the issuance of the Summons. Once the Summons is issued, the Creditor will either enlist a process server or an agent or officer of the Sheriff’s Department located in your County to serve the Summons and the Complaint.

Generally, the Defendant, meaning the person being sued, must file a Response to the Complaint within twenty (20) days in order to avoid a Default, and the rapid delivery of a Judgment by the assigned Judge against the Defendant.

The Defendant has a number of options to address such a Lawsuit. One option is to Defend the Lawsuit. The Defendant may file an Answer in the appropriate Courthouse, alleging any Defenses he or she may have to the Lawsuit. Even if such Defenses do not ultimately prevail, it is important for the Defendant to file an Answer in order to avoid a Default Judgment.

Once the Answer is filed, the Defendant may either attempt to fully Defend against the Lawsuit, if there are valid Defenses against the Lawsuit. For example, the Plaintiff, or party bring the Lawsuit, may be suing the wrong party, or the Defendant may have meritorious claims against the Plaintiff, or the Plaintiff may have brought the Lawsuit after the time permitted by the Statute of Limitations. In the State of Florida, most Lawsuits must be filed within five (5) years after the date of Default.

The filing of the Answer places the Defendant in better position to attempt to Settle the Debt claimed by the Plaintiff. If you enlist the services of our Law Firm, we will negotiate on your behalf to achieve a Settlement with the Creditor. The nature and amount of the Settlement can vary depending upon the particular circumstances of your case.

The Defendant may also seek the protection provided by the Bankruptcy Laws. There are two forms of Bankruptcy available to most Debtors. The Chapter 7 Bankruptcy is often referred to as a Straight Bankruptcy or Straight Liquidation. In a Chapter 7, the Debtor is generally seeking to Discharge or have forgiven most or all of his or her Unsecured Debts. Such Debts generally would include credit cards, personal loans, medical bills, and other forms of Debts that are not liened or Secured by Collateral or Assets.

Another form of Bankruptcy is Chapter 13. Chapter 13 is a form of Debt Consolidation or Debt Reorganization where the Debtor seeks to consolidate most or all of his or her Debts into one monthly payment. The duration of a Chapter 13 repayment plan is usually between thirty six (36) to sixty (60) months.

In a Chapter 13 Bankruptcy, the Debtor might also significantly reduce automobile payment obligations and sometimes even eliminate second mortgages on their Homestead.

There can be many benefits to filing Bankruptcy. For many Debtors, the Bankruptcy will offer a fresh start and may present their only opportunity to not only escape the travails of burdensome debt, but also repair and improve their credit in the future.

You may contact our office by submitting a contact form through our website. Also, you may contact me directly through the phone numbers also provided within our website.

I will happily speak or meet with you, without charge, regarding the particular and specific issues confronting you. I have been representing and assisting Clients in many and varied matters regarding debt and finances for nearly thirty (30) years. I have found that for every issue regarding the matter of Debt, there is generally always a solution.

Our Tampa Office is located at The Venture Center, at 4100 West Kennedy Boulevard, Suite 208 in Tampa, Florida. Our Office is located on West Kennedy between the intersections of Dale Mabry and Lois Avenue. We also have Offices in Clearwater, Port Richey and Lakeland, Florida, if such locations are more convenient to your work or residence.

Jay Matthew Weller

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