Q: Can an attorney file a Affidavit as to Defendant's default in stipulated payment and final judgement if no records filed
I signed an agreement over four years ago and have made payments until May of this year. I spoke to the atorneys office and explained that I could no longer affords to make payments since I have been unemployed for the last 18 months and no longer have funds to pay this debt. In looking at the Dade county recorder, this company has never filed any documents related to this case and I originally stop paying the original creditor in 2004. They have informed me that once the judgement has been entered they will conduct discovery to determine my assets that can be taken. The only thing I have is a 2000 jeep cherokee. Will they be able to take this from me? Also, the Capital one charge no longer appears on my credit report. Is there a limitation on how long I can be sued for this? Please advise as to what I can expect. Thank you
A: Agreement of this nature are not entered into the Public Records, so it is expected that your agreement would not be there. The Statute of Limitation provides that you can be sued upto 4 years from your last transaction. Once a judgment is entered it is good for upto 20 years in Florida. I would suggest you speak with an attorney to address either asset protection, settlement or bankruptcy.
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