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Questions Answered by Alex McClure
1 Answer | Asked in Consumer Law for Florida on
Q: Am I required to take my car back to the dealer/for inspection because they are the lien holder.
Alex McClure
Alex McClure answered on Jun 8, 2018

Inspection for what purpose? Have you received a notice or letter of some sort that requests an inspection for something?

In case you are new to Florida, vehicles do not require an annual safety inspection in the state.

1 Answer | Asked in Contracts for Florida on
Q: I hired a company to build a pool in my house.

With the heavy machinery they broke the side walk, who pay for its repair.

Alex McClure
Alex McClure answered on Jun 7, 2018

Well if you can prove its damage they caused, you might be able to get them to pay. Lawsuits are costly and time consuming so you should start by pleading your case directly to the contractor, first.

Good luck.

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: How do I get a Florida corp. to refund my money after I followed all steps to correctly cancel my contract?

On April 25 we went to a presentation by American Travel Partners Worldwide and thought it might be worth our while to join. We paid them $4,695 on April 25, 2018. Upon further consideration, we decided we don't travel enough to make the membership worth our time and money. We decided to... Read more »

Alex McClure
Alex McClure answered on Jun 7, 2018

I'm sorry to hear of your troubles. Yes, situations as you describe are not uncommon. You should gather up your documentation and see an attorney in your area who specializes in consumer law.

Good luck to you.

1 Answer | Asked in Consumer Law and Small Claims for Florida on
Q: I have been summoned for court over a Capital One credit card from 2015 amount of $1, 832. What should I do?

I would like to settle and be able to make monthly payments in which I tried years ago to do bu they refused the amount. My income is low but I acknowledge my debt and would like to make reasonable monthly payments.

Alex McClure
Alex McClure answered on Jun 7, 2018

Your best option would likely be to contact the attorney (their office) directly and discuss a payment plan. They will ask you about your finances and will tell you if there is anything that you can do to make monthly payments.

Regarding your court situation, you should continue to read...
Read more »

3 Answers | Asked in Bankruptcy for Florida on
Q: I filed ch 7 but reaffirmed my debt for my car and now my car is blown up but I still owe on it. If I stop paying what

Will happen? It doesn’t show up on my credit report all all.

Alex McClure
Alex McClure answered on Jun 8, 2018

The exact things that could have happened before bankruptcy. Repossession, and then a potential deficiency lawsuit except now you wont have bankruptcy as an option to discharge the debt. If you had an attorney in your chapter 7, the condition and state of your vehicle should have been reviewed... Read more »

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2 Answers | Asked in Collections for Florida on
Q: I heard that Florida has additional laws to protect consumers against unscrupulous collections agencies that the federal

side of things doesn't. What are they?

Alex McClure
Alex McClure answered on Jun 13, 2018

You might be referring to the Florida Consumer Collections Practices Act (FCCPA). Its Floirda's corollary law to the FDCPA (Fair debt collections practices act).

You can find the FCCPA at 559.55-559.785 Fla. Stat.

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1 Answer | Asked in Business Law and Contracts for Florida on
Q: Can advertiser bill me for ad that I did not sign contract for them to place.

Probationary employee with no authorization from me verbally okayed. Same person Did not complete probationary period. ( only 2 weeks training)

Alex McClure
Alex McClure answered on May 13, 2018

This will depend on some specific facts regarding representation made by the employee to the ad company. Apparent authority is the concept that allows companies to rely on the representations of an employee of a company regarding business dealings.

It is less important that you know it was...
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1 Answer | Asked in Bankruptcy for Florida on
Q: How can I find a Bankruptcy Attorney with experience to file chapter 13 and objections to bank proof of claim

In Orlando florida

Alex McClure
Alex McClure answered on May 13, 2018

There are many competent bankruptcy attorneys in the Orlando area. You can google them, contact the Florida bar, or ask for a referral if you know any other attorneys.

1 Answer | Asked in Consumer Law and Collections for Florida on
Q: Hello , I am being sued for a credit card I never opened , someone used my name to open a cc and left me with debt.

I am being sued by Capitol One via a collection agency. I never ever opened or signed any agreements with Captiol One or had a CC with them so I do not feel this debt is mine and refuse to pay it. I am currently unemployed and I know this falls into small claims court but I can't afford an... Read more »

Alex McClure
Alex McClure answered on May 13, 2018

Whether you can successfully defend their claims is something no one can tell you without a thorough review of your case. Be prepared for them to request bank statements of yours going back years if you claim the account isnt yours.

Also, if the address on the account statements is an...
Read more »

2 Answers | Asked in Bankruptcy for Florida on
Q: I just found out my bankruptcy attorney entered inaccurate dollar amounts on forms submitted to the bankruptcy

this resulted in me paying thousands more in bankruptcy than I was required. Is my lawyer financial liable for this mistake.

Alex McClure
Alex McClure answered on May 13, 2018

I second Mr. Denison's answer. There are no real damages here. If its an issue that is material, it can likely be amended. Discuss the error with your attorney.

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2 Answers | Asked in Consumer Law for Florida on
Q: Repo guy came to "repossess" my 21 y/o Harley which has never had a note on it. I've owned it since 2002.

I wasn't home so I didn't see the repo "paperwork" so I have NO idea who is looking for me. A VIN search shows my title as clear (no liens) and I am in possession of the title; I have never used the Harley or anything I own as collateral against another loan. Back in 2008 my... Read more »

Alex McClure
Alex McClure answered on May 10, 2018

You should contact a consumer debt lawyer right away. You are calling this situation a repo, but it seems likely that it is a property levy being executed to satisfy a civil judgment. I have information on my website about this process if you care to have a look.

Although you tried to...
Read more »

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2 Answers | Asked in Consumer Law and Collections for Florida on
Q: Good Morning, my employer just received a writ of garnishment from Midland Credit Management. I need help ?

There asking for much more than I owe. what can I do?

Alex McClure
Alex McClure answered on May 1, 2018

I agree with Mr. Thorgaard.

I would caution you to be careful in handling your situation at this point. You would be wise to seek out an attorney who is experienced in wage and bank garnishment in Florida as you have important rights which can and will be waived if you attempt to handle...
Read more »

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2 Answers | Asked in Civil Litigation for Florida on
Q: Dad/son joint owners of house. Dad gave $20K down pymt. Son pays 100% of mtg, tax, ins x 6 yrs

Son wants to sell house, dad is refusing. Any legal recourse?

Alex McClure
Alex McClure answered on Apr 22, 2018

"joint owners" isnt specific enough. What is going to matter here is WHO owns WHAT. Issues regarding payment sources generally take 2nd seat to outright legal ownership of property in FL.

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2 Answers | Asked in Consumer Law for Florida on
Q: I haven't made a payment in more than 5 yrs and do not want the property or live in it now. Am I liable for the loan?

I am on limited income and just want the bank to foreclose without having to pay anything since I was told the statute of limitations has expired. Thanks.

Alex McClure
Alex McClure answered on Apr 20, 2018

You don't want to do anything. There is the possibility of whats known as a deficiency judgment. You can reach out to a local legal aid if you are low income, but try to not just ignore the situation.

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2 Answers | Asked in Business Law, Collections and Consumer Law for Florida on
Q: Im work in collections in FL and my employer wants me to answer this letter from a CA. atty. im concerned if I should.

NOTICE OF DISPUTE OF ENTIRE ALLEGED DEBT

DEMAND TO CEASE AND DESIST UNFAIR COLLECTION PRACTICES

I am concern, should I answer this letter? is my employer letting me take the fall here?

Alex McClure
Alex McClure answered on Apr 20, 2018

Letters of this type are not uncommon in collections. What seems to me to be uncommon is for a collection company to ask an individual collector to respond to a letter. In my experience, responses to those types of demands are handled by employees other than collectors but again there isnt really... Read more »

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1 Answer | Asked in Insurance Bad Faith for Florida on
Q: What's the penalty for filing a false insurance claim (for a car accident) in Florida?
Alex McClure
Alex McClure answered on Apr 12, 2018

This is a question more appropriately posed in the criminal law section.

1 Answer | Asked in Collections for Florida on
Q: If I had planned to use my tax money to put a down payment on unimproved land, is it safe from a creditors lawsui

I am very low income and provide for my mom and my autistic sister. She receives SSI. I want to stop wasting money on an apartment and build a secure place for me and my family over time. The lawsuit is for $5000 . Most of my tax money is EIC because my sister is disabled. Thank you.

Alex McClure
Alex McClure answered on Apr 12, 2018

What you use the money for in this instance is of no consequence. You are free to use money that you have as you see fit. If a creditor believes that they have a method of getting to that money, they will likely let you know about it.

If a judgment has been entered against you and they...
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1 Answer | Asked in Collections for Florida on
Q: How long does it take for a collection to fall off your credit?
Alex McClure
Alex McClure answered on Apr 12, 2018

It depends on when the debt was actually incurred and depends on how it is reported. A general answer is 7 years from the delinquency date, however, there are variances to that general rule.

1 Answer | Asked in Bankruptcy for Florida on
Q: Have two car loans in my name, will I be able to keep them both in Chapter 11 Bankruptcy?

Thinking to file Ch 11 do to medical diagnosis of cancer. Have 2 fairly new car loan only in my name. One is my sons car ( he pays out of his account). Little equity. Othe car is family use (me, my wife, disabled mom). About $8000 of equity. My wife pays for it out of her account. Both loans up to... Read more »

Alex McClure
Alex McClure answered on Apr 12, 2018

This will depend on a multitude of factors related to you and your particular situation. Only an attorney who has reviewed your entire situation could possibly provide you with any meaningful advice regarding your question.

2 Answers | Asked in Collections for Florida on
Q: How many times can a collection agency come after you for the same debit? If paid off?
Alex McClure
Alex McClure answered on Apr 14, 2018

Ideally, once. You should have an attorney review your situation so that you are certain what you are dealing with. I have seen many cases where someone did in fact owe multiple dents of a similar amount. I have also seen many cases where a debt collector illegally attempted to collect on the same... Read more »

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