Final Judgement Form 7.343

[kaboval]

A few months ago I received a summons to appear in court due to an unpaid debt for a Capital One credit card. I made the appearance, admitted to the debt and set up a payment plan with the law firm suing me. I was never asked to sign anything. Those who admitted to their debts were simply given a few minutes to set up payment plans with the firms suing them. The lawyer I spoke with was extremely unprofessional, in my opinion. He just jotted down their phone number and address, gave me the account number to reference, and told me that the payments were due by the 15th of every month. For 2 months, I've been paying our agreed amount, which was $100. I've been sending money orders and keeping the receipts for everything. In turn, they have been sending me confirmation letters stating that they have received my payment and that my next payment is due on the 15th. Then on Saturday I received a Final Judgement Notice Form 7.343 in the mail. I admit that I don't fully understand this form. It doesn't even look like it came from the courthouse. It's not notarized, there is no seal on it. It references my case number and states that I have been ordered to pay the full sum of the debt together with the cost of the suit at the rate of 4.75% per year and thereafter pursuant to Florida Statutes Section 55.03. It is further ordered that I have to complete Florida Small Claims Rules Form 7.343 Fact Information Sheet and return to the plaintiff within 45 days from the date of the final judgement. The fact sheet asks for my bank account information, my pay stubs, my vehicle registrations and any deeds and titles I have. It also asks for my spouse's information. This is precisely what I wanted to avoid, and I thought that making an appearance in court and setting up a payment plan prevented this.

I assume this means they are going to garnish my wages after all? Or is this just in case I don't pay them on time? In the meantime, they'll have my work phone number, my husband's work phone number. Are we to expect harassment calls at work? I don't understand, and I admit that I do not want to give this information out without knowing that this is a legitimate court document, and whether or not I even have to. Does this information go to the law firm suing me or to capital one? At this point I feel like I desperately need a debt counselor or some other legal representative helping me, but I keep reading that they do more damage than good. I'm not sure bankruptcy is an option either because I don't think we would qualify.

 

[army judge]

You were probably suckered (perhaps intimidated) into reaffirming the debt.

I suspect that had you IGNORED the entreaties from the debt collector scavenger, the statute of limitations have probably protected you in your state (Florida).

The "statute of limitations" gives a time limit defined by statute (Florida Statutes §95.11) for credit card companies to collect active credit card debt.

This time limit bars credit card companies from enforcing payment of the debt via the court system.

The statute of limitations on credit card debt (open accounts) in the State of Florida is four years.


Florida Statutes §95.11(3)(k) states that any legal action on contracts, obligations or liabilities that do not have a written contract has a statute of limitations of four years.

Sadly, it appears ABSENT any other written agreements, these scavengers are going to take you for EVERYTHING they can steal.

Yes, they'll attach and levy against your wages.


They might even go after other assets, such as CASH in your savings and checking accounts.

Here's the real kicker, the scammers weren't the credit card issuer.

These are simply scum and cheats who bought the bad paper for two or three cents on the dollar.

Had you ASKED before doing anything, you would be sitting pretty.


You might want to investigate bankruptcy, (talk to a local bankruptcy lawyer ASAP) because other scammers will appear and try to trick you into making a similar mistake.

You can't go to prison for owing debts.

Unless you act affirmatively, in most states, these con-artists can't touch you or your stuff!!!

 

[kaboval]

I don't see how ignoring an official court summons would have been the correct action. Until I was summoned to court, I HAD been ignoring them. I never answered a single phone call or promised to pay them a cent prior to that day. The court appearance was my only correspondence with collections. And yes, I suppose you could say I was intimidated by an official court summons. What choice did I really have at that point? If I had chosen to ignore it, wouldn't the outcome have been the same? I appreciate your advice, though I still feel as confused as ever.

 

[Betty3]

We don't know if the SOL had elapsed on the credit card debt but if it had, you could have used that as a defense in answer to the summons & in court. Once you make a payment, the SOL restarts.

 

[Uppa]

Hello,

I have a similar problem as Kaboval has above dated 3-3-13 about receiving a Final Judgement Notice Form 7.343 in the mail. I admit I, too, do not understand this form. It doesn't even look like it came from the courthouse. It's not notarized, there is no seal on it, and the zip code from where it was mailed from is in South Florida (where the "plantiff's" office is located.) However, there is a circular stamp on it that says Clerk of Circuit Court Escambia County Florida, which is my county. It references my case number and states "...final judgment is hereby entered in favor of Plantiff and against Defendent (of course that is myself) for a total sum of ....... which shall bear interest at the rate of 4.75% per year, for all of which let execution issue." That is not entirely clear to me other than they are saying they entered in favor to the Plantiff (a company that purchased my credit card debt for the sole purpose of making money off of that debt; yes, I admit I owed the credit card company and I feel debts should be paid) and against the Defendent for a total sum and that it shall bear interest at the aforementioned rate per year -- but I do not know what that exactly means and certainly do not know what "for all of which let execution issue" means. It does not say what I am to do about this total amount, just that they found in favor of Plantiff. My letter also continued to say, as Koboval mentioned above, that it is further ordered that I have to complete Florida Small Claims Rules Form 7.343 Fact Information Sheet and return to the plaintiff within 45 days from the date of the final judgement. The signature blank for the judge is completed with a stamp, which I think is common nowadays - not sure. I did enter into an agreement with this company before I realized they were a scam company that bought or said they bought old debts where I, too, was paying monthly and receiving monthly letters from the company stating they had received my payment, but after about a year of payments, I lost my job and had to stop the automatic payments from my bank account as there was no money in the bank account. No, I did not contact the company as I felt certain they would contact me. Well I heard nothing until I received this Final Judgement letter approximately one year after stopping payments. When I look up my name in Escambia County Florida Clerk of the Circuit Court Official Records Search, it shows up and states "05/02/2013 FINAL JUDGMENT FINAL JUDGMENT AFTER STIPULATED AGREEMENT Grantee." So, I feel this is officially from the court, but I am bothered by there not being any notary stamp on it and with the zip code that it was mailed from being from down in South Florida when I live almost on the Alabama stateline. I'm like Kaboval, I do not want to have to furnish all of this information, but since it is showing up on my record on the Escambia County Florida Clerk of the Circuit Court Official Records website, is it in my best interest to provide this information (as if they did not already have it!)? Also, could you explain the first part about what finding favor with Plantiff and what it means I need to do about it and the part about "for all of which let execution issue?" Thank you very much for your time.

 

[army judge]

Hello,

I have a similar problem as Kaboval has above dated 3-3-13 about receiving a Final Judgement Notice Form 7.343 in the mail. I admit I, too, do not understand this form. It doesn't even look like it came from the courthouse. It's not notarized, there is no seal on it, and the zip code from where it was mailed from is in South Florida (where the "plantiff's" office is located.) However, there is a circular stamp on it that says Clerk of Circuit Court Escambia County Florida, which is my county. It references my case number and states "...final judgment is hereby entered in favor of Plantiff and against Defendent (of course that is myself) for a total sum of ....... which shall bear interest at the rate of 4.75% per year, for all of which let execution issue." That is not entirely clear to me other than they are saying they entered in favor to the Plantiff (a company that purchased my credit card debt for the sole purpose of making money off of that debt; yes, I admit I owed the credit card company and I feel debts should be paid) and against the Defendent for a total sum and that it shall bear interest at the aforementioned rate per year -- but I do not know what that exactly means and certainly do not know what "for all of which let execution issue" means. It does not say what I am to do about this total amount, just that they found in favor of Plantiff. My letter also continued to say, as Koboval mentioned above, that it is further ordered that I have to complete Florida Small Claims Rules Form 7.343 Fact Information Sheet and return to the plaintiff within 45 days from the date of the final judgement. The signature blank for the judge is completed with a stamp, which I think is common nowadays - not sure. I did enter into an agreement with this company before I realized they were a scam company that bought or said they bought old debts where I, too, was paying monthly and receiving monthly letters from the company stating they had received my payment, but after about a year of payments, I lost my job and had to stop the automatic payments from my bank account as there was no money in the bank account. No, I did not contact the company as I felt certain they would contact me. Well I heard nothing until I received this Final Judgement letter approximately one year after stopping payments. When I look up my name in Escambia County Florida Clerk of the Circuit Court Official Records Search, it shows up and states "05/02/2013 FINAL JUDGMENT FINAL JUDGMENT AFTER STIPULATED AGREEMENT Grantee." So, I feel this is officially from the court, but I am bothered by there not being any notary stamp on it and with the zip code that it was mailed from being from down in South Florida when I live almost on the Alabama stateline. I'm like Kaboval, I do not want to have to furnish all of this information, but since it is showing up on my record on the Escambia County Florida Clerk of the Circuit Court Official Records website, is it in my best interest to provide this information (as if they did not already have it!)? Also, could you explain the first part about what finding favor with Plantiff and what it means I need to do about it and the part about "for all of which let execution issue?" Thank you very much for your time.

I would suggest you contact a local attorney.

The initial consultation is often free, so ask before you commit, if payment is an issue.

Take your documents with you.

You really don't want to share too much information over the internet.

You can also Google "small claims XXXXX County Florida".

Florida is a very technologically advanced state, and the courts put a great deal of information on the web.

 

[Uppa]

Thank you very much for your time and advice.