If I was sent an affidavit for non-payment from an accident I had more than 5 years ago, does this mean I have no choice but to pay the full amount?

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If I was sent an affidavit for non-payment from an accident I had more than 5 years ago, does this mean I have no choice but to pay the full amount?

Was at fault in accident 5+ years. Agreed to make monthly payments but stopped due to low funds. Was now served with affidavit. What do I do?

Asked on December 21, 2011 under Accident Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have been served with an affidavit concerning failure to make the payments you agreed to long ago stemming from an accident, the affidavit served upon you is an attempt by the judgment creditor to have you resume the payments you agreed to make with accrued interest.

If you can afford to make monthly installment payments to pay down the amount owed, I suggest that you try and enter into a written agreement to do so signed and dated by the judgment creditor. If that is not acceptable by the judgment creditor, you might consider making a lump sum offer for a signed satisfaction in full of the obligation by the judgment creditor.


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