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Questions Answered by James Turner
1 Answer | Asked in Bankruptcy for Florida on
Q: I received a personal injury reward of15000. Can I use that to pay down my mortgage and would it be exempt from a 7 banc
James Turner
James Turner answered on Jan 27, 2018

The short answer is "yes." If you were to place the $15,000 in a bank or stock account, it would be included as an asset of bankruptcy. But, paying down your mortgage on your homestead property, you essentially improve your equity in your residence.

3 Answers | Asked in Collections and Consumer Law for Florida on
Q: How do I get medical collections bill off credit report?

had a medical bill of $3,200 back in December 2015. Set up a payment plan as I was unable to pay it in full. Paid 2 payments (on time) and it was never deducted off of the total (never marked as received although the $400 was taken out of my bank account and I have proof) and it ended up going to... Read more »

James Turner
James Turner answered on Jan 19, 2018

You must write letters and to the Credit Reporting Agencies (CRA) and dispute the debt. They are required by law to contact the furnisher of the information and investigate you dispute. If it it not corrected, you can bring an action against the furnisher and the CRA's.

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3 Answers | Asked in Collections for Florida on
Q: I had a judgment in 2011 after I lost my house in foreclosure (Florida). How long do they have to collect?

A debt collector just contacted me saying they acquired my debt, and want me to respond. 1)How long do they have to collect?

2) What are my options??

Thanks!

Thanks for the response(s). It was a judgment for money, but the amount they are seeking is ~$17k more than what the... Read more »

James Turner
James Turner answered on Jan 17, 2018

How did they contract you? By phone or letter? You should ask if they have proof of ownership of the debt.

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2 Answers | Asked in Collections for Florida on
Q: Can a collections agency contact you at work?
James Turner
James Turner answered on Jan 12, 2018

The Fair Debt Collection Practices Act expressly prohibits collectors for contacting debtors at work if the collector knows, or has reason to know, that the employer prohibits such communications. Many employers have policies that prohibit employees from taking or making nonemergency calls for... Read more »

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1 Answer | Asked in Bankruptcy for Florida on
Q: My vehicle that was included in my bankruptcy was totaled. Does the trustee determine who gets the refund?

the insurance company has already paid over $11000 to the finance co.

James Turner
James Turner answered on Jan 11, 2018

If there is a payment by the insurance company, that payment should go first to the finance company and then, on a pro rata basis, to the other creditors. I cannot think of a circumstance where you would receive any of these funds.

2 Answers | Asked in Bankruptcy and Consumer Law for Florida on
Q: How do I get a copy of my credit report so I can start on fixing it. Have lots of medical bills because of a disability.

I have lost track of who I owe. How do I get a list of who I owe and how much. Thank U

James Turner
James Turner answered on Dec 18, 2017

To obtain a copy of your credit report for all 3 bureaus, go here:

www.annualcreditreport.com

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1 Answer | Asked in Collections for Florida on
Q: Are collections agencies allowed to call me at work?
James Turner
James Turner answered on Dec 6, 2017

The Fair Debt Collection Practices Act "FDCPA" prohibits debt collectors from contacting debtors at inconvenient or unusual places. Some workplaces, by their nature, are inconvenient places for debtors to take collection calls. If it's inconvenient for you to take calls at your job site, let the... Read more »

2 Answers | Asked in Collections for Florida on
Q: My wife recently received a letter from Hayt, Hayt & Landau, P.L. to collect a debt. What should we do?

The letter says they "have been retained to collect" an outstanding balance and "an attempt to collect a debt."

James Turner
James Turner answered on Dec 4, 2017

Hayt, Hayt & Landau is a debt collection law firm located in Miami. I assume that the letter offers you the opportunity ask for documentation in support of the debt. You should get this documentation.

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1 Answer | Asked in Bankruptcy for Florida on
Q: Will getting married affect a chapter 7 if already in progress
James Turner
James Turner answered on Nov 10, 2017

Without any other information, getting married should not effect your Chapter 7.

1 Answer | Asked in Collections and Employment Law for Florida on
Q: subpoena about a case against an ex employer. why am i obligated to attend this deposition?

this lawsuit is over a supposedly defective piece of equipment that no one could ever find any issue with the equipment. customer continued to use to equipment every day, my main question is, my former employer eliminated my job in Feb, 2017 and as well terminated me. i was paid 6 months severance... Read more »

James Turner
James Turner answered on Nov 10, 2017

Unfortunately, the subpoena is a court order and you must appear, regardless of your feelings.

2 Answers | Asked in Collections and Real Estate Law for Florida on
Q: How do I remove a "paid" collection account from my credit reports? I need removed to purchase a home!

How do I remove a "paid" collection account from my credit reports? I need removed to purchase a home! I have reached out to the credit companies and they refer me back to the company that placed this on my report. I've reached out to Comcast who placed this as "paid" on my credit report and they... Read more »

James Turner
James Turner answered on Nov 8, 2017

This situation is covered by the Fair Credit Reporting Act. File a dispute letter with the credit reporting agency. If they don't correct the error, you have the right to sue both the furnisher of the information and the credit reporting agency.

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1 Answer | Asked in Bankruptcy for Florida on
Q: Can a finance co come after someone who is on SSI disability for a vehicle that was dismissed in ch7 under someone else?

My vehicle is in mine and my father's name and I'm filing chapter 7 in Florida. He doesn't own anything really but I don't want them to come after him.

James Turner
James Turner answered on Nov 3, 2017

Technically, they can come after him but practically, they probably won't be able to collect anything.

3 Answers | Asked in Bankruptcy for Florida on
Q: When filing bankruptcy, do you stop making credit card payments after finalizing of branruptcy or when you file?

Me and my husband are filing for Chapter 7 bankruptcy due to unforeseen medical and house repairs bills. We've never been late or missed a payment but are struggling to survive and make the payment. Do we continue to make credit card payments until the bankruptcy is finalized or do we stop making... Read more »

James Turner
James Turner answered on Nov 1, 2017

If the debt is an unsecured debt, it will be completely discharged in bankruptcy. Therefore, paying before or after you file on a debt that will be discharged in bankruptcy is a waste of money. Good luck.

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3 Answers | Asked in Small Claims, Contracts and Collections for Florida on
Q: We loaned $5500 to a bus assoc on 10/20/14 w/principal to be paid in full 4/20/15. They defaulted, what is our recourse

Our LLC loaned the money to their LLC. They signed a Promissory Note. They agreed to $5,500 with interest from 4/20/15 on the unpaid principal at the rate of 12% per annum. They are a construction contractor so In lui of interest on the first six months they agreed to provide labor to complete... Read more »

James Turner
James Turner answered on Oct 28, 2017

As for your options, the only course of action that you have is to sue the LLC on the promissory note. If there are no personal guarantees, your recovery is going to be limited to hopeful collection efforts against the LLC.

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3 Answers | Asked in Consumer Law and Collections for Florida on
Q: What is the proper way to attempt to settle a judgement with a debt collector?
James Turner
James Turner answered on Oct 18, 2017

There is no "proper way" to settle a judgment. You should negotiate with the debt collector. Tell them about the strong points of your position and the weak points of theirs. Then, make an offer. Let's see if they respond.

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1 Answer | Asked in Collections for Florida on
Q: Served with civil summons, the amount they are demanding doesn't include payments already made. Respond how?

I made 2 payments they are not being accounted for. I do have proof of payments. What would my response fall under on the form??

James Turner
James Turner answered on Oct 17, 2017

If you are being sued for an amount that is in excess of what you owe, then you can sue for violations of state and federal fair debt collection practices.

1 Answer | Asked in Consumer Law, Collections and Probate for Florida on
Q: Court Order

Good morning,

My husband received a court order to appear for a pre-trial conference/mediation and I received the order on Saturday 9/30/17.

LVNV Funding LLC (from Credit One) credit card is suing him for $1,147.62. They wanted him to appear that Monday 10/30/17, but he just had a... Read more »

James Turner
James Turner answered on Oct 3, 2017

I am sorry for your current situation. First, I think that you should contact the lawyer on the other side and inform them of the current inability to attend the pretrial conference. However, court staff is overworked and understaffed so I recommend that someone appear to explain you husband's... Read more »

1 Answer | Asked in Banking, Bankruptcy, Collections and Consumer Law for Florida on
Q: Time Limit of a debt collector.

I have an 11 year old debt that collectors are still trying to collect on.

James Turner
James Turner answered on Sep 24, 2017

Unfortunately, there is no a time limit on a debt collector. State laws govern the length of time when you can be sued on a debt, but, a debt collector can still try and collect a debt that has been barred by the statute of limitations.

3 Answers | Asked in Bankruptcy for Florida on
Q: Can we be sued for not paying our mortgage after a discharged bankruptcy?

My husband and I filed chapter 7 bankruptcy last year. It was discharged in November. We did not reaffirm the mortgage, but have continued to pay the monthly payments since the discharge. My question is: Can the mortgage company do anything to us financially, if we just decide to quit paying and... Read more »

James Turner
James Turner answered on Sep 15, 2017

The mortgage is comprised of two components: a promissory note and a lien on the property called a mortgage. Your bankruptcy filing discharged the note. That entire debt has been eliminated. However, the lender still has a lien on the property.

www.ConsumerRightsOrlando.com

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1 Answer | Asked in Bankruptcy for Florida on
Q: If my husband and I are separated and living in separate households in the state of FL do I have to include his income?

I would like to file bankruptcy without my husbands income being included.

James Turner
James Turner answered on May 23, 2017

You do not have to include husband's income. You are not receiving the benefits of that income..

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