Disclaimer: I am not a lawyer. I am
only publishing my interpretation of my situation. You should seek your
own legal representation for your own particular
situation. Do not rely on my
opinions or statements for your own purposes as state
and local law varies as do individual circumstances.
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My recent induction into the Small Claims Court hall of
fame here in Escambia County Florida has given me new
perspective on the U.S. legal system and debtors. While you
should certainly read all the details on my Small Claims Court
case, I wanted to just briefly mention an important lesson that
I learned from this case: Keep it out of court if you do intend
to pay it.
Escambia County Florida
has a Small Claims Court capped at five thousand dollars
($5,000). I received a judgment against me for unpaid condo
association dues. After the court added late fees and interest
charges and court costs and attorney fees, my total is a little
over eleven thousand dollars ($11,000). Not so small, is it.
Although I would have
done nothing differently for this particular case, I might do
something different should I ever get taken to Small Claims
Court again; and you should consider this for your own
situations as well.
Carefully consider the
debt. Is the debt really yours? If it is not, then you need
proof to show that it is not your debt. Although the burden of
proof should be on the creditor, do not rely on that. Do your
research and go in prepared. If the debt really is yours, there
is really no sense in trying to deny it.
Next, are you ever going
to pay the debt? If you do intend to pay the debt, pay it before
it goes to Small Claims Court. That way, you can get it paid
before they tack on fee after fee after fee and more than double
the original debt. If you do not intend to pay the debt or have
no way of paying the debt, you really do not have an option.
The big point here is to
handle this debt before it goes to Small Claims Court if you
really do intend to pay it at some point and are able. Even if
you are currently unable to pay the debt, get in touch with the
creditor and see if they are willing to grant you some sort of
extension or affordable payment plan. Do whatever you can
because the fees start adding up fast once the attorneys get
involved.
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