What to expect for pre-trial conference for credit card debt?

October 27, 2010 8:18 AM

Pre-trial conference for a credit card debt under 5k?

Today my fiance was served with paperwork ordering me to appear at a pre-trial conference for a credit card debt owed under 5000 dollars. Not relevant to this, but i attempted to work with the creditor some months back but they wanted either all of it in a month or over 2 months, neither of which I could do. I understand that a creditor not working for me is not a defense, nor is ignorance of the law. I understand that while there are lawyers on MeFi, you (should you answer) are not my lawyer. I really am just trying to find out what to expect. I owe the debt, and want to settle it, but would like to know if there is anything I should look out for.

Bonus points if you know of a decent, low fee civil lawyer in Central Florida that could be consulted regarding this.

throwaway email - [e-mail]

Thanks in advance!

posted by anonymous to law & government (3 answers total)

Try the National Association of Consumer Advocates attorney finder. This is what they do.
posted by The Michael The at 8:21 AM on October 27, 2010

Many legal aid offices have attorneys who specialize in consumer debt and consumer rights. These individuals are often the local experts on these issues. Perhaps start here.
posted by ClaudiaCenter at 9:49 AM on October 27, 2010

This is impossible to answer in the abstract, because local court rules and practices will vary greatly from jurisdiction to jurisdiction.

Generally, at civil pretrial conferences, things like trial scheduling and logistics and settlement are discussed. Sometimes with the judge in chambers, sometimes with the judge's clerk, sometimes informally. Some civil pretrial conferences are held over the phone. Sometimes they're really formal (with court reporters and everything). Sometimes it's just the lawyers, sometimes clients MUST attend in person at the courthouse. Local rules and practices vary greatly.

One thing from your question that jumped out at me is that for a $5,000 debt, a pretrial conference is sort of unusual in the jurisdictions in which I've practiced. In my experience, most small-claims matters go straight to trial, with minimal discovery and pre-trial conferences. Thus, you should double-check with a lawyer licensed to practice in your jurisdiction and familiar with the local practices and customs of the court where you've been sued -- is the amount in controversy really under $5,000 or are they trying to tag you with something else?

It will help the lawyer you eventually consult with to show him copies of the summons and complaint, and any other papers from the other side or the court you've received.

If it really is a "pre-trial conference", that means you've already been sued and served and likely have a trial date looming. The wrong assumptions here can have serious consequences, so immediate consultation with a lawyer familiar with the court you're in (and its deadlines) is a Very Good Idea. Getting a handle on scope and deadlines should be a part of the "free initial consultation" offered by many practicioners.

I am not licensed in Florida and the OP is certainly not my client.
posted by QuantumMeruit at 11:37 AM on October 27, 2010