Steve from Brandeton... We need your help!!!
Here is the story, in February of last year, we were served with a summons from Tri Cap Investment Partners LLC for several credit cards that we tried to get included in our bankruptcy in 2005. Our bankruptcy got dismissed and now this Tri Cap company bought all of our accounts and wanted their money.
We responded to them, requesting all documentation, contracts, signatures, etc. From the original creditors ($18,000) and went to the courthouse and filed a Notice of Intent to File in March (within the required time to respond to them).
In late February we received from the Clerk of the Circuit Court a Notice of Dismiss for Lack of Prosecution, since they never responded or filed any pleadings in over 10 months. The court assigned a hearing for June 18.
Today, May 7, we receive this "package" from Borack & Associates out of Mailtand, Florida with a Motion for Default; Motion for Default - Final Judgement; Default Final Judgement; Affidavit for Attorneys Fees; Affidavit of Interest & Costs; Non-Military Affidavit and a couple of other forms. Still, we have not received the informatiaon that we orignally requested last year, no debt validations, original contracts, payment history, etc. They say we owe now $20,000.
We are totally stressed over this because we do not kow what to do at this point.
Is this company going to get a judgement against us, and if so, since we are in Florida, our house is exempt, my husband's salary is exempt (I think), but we do not know what could happen.
They could get a judgement on our house, but since we are not planning on moving it is not going to affect us, right?
Can they freeze my husband's bank account? We have separate accounts and he is the only one named on the lawsuit/judgement.
Can they come after me?
Any suggestions/comments are really appreciated.
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