Questions Answered by Barry W. Kaufman
Q: In Florida, can 4 out of 7 beneficiaries stop the sale of a house when there is a will?
I live in the house my mother owned. I don't want to leave, but my only sister doesn't want me to be able to stay here because my mother verbally left it to me in the presence of the remaining brothers. She is indignant about me NOT getting this house! if she cannot have it.
She is about... Read more »
Your sister is required to have a lawyer represent her as the personal representative. You may want to retain your own lawyer. Even if you elect to not retain a lawyer to represent your interests, you should retain one to at least review and/or draft the assignments from your brothers.
Q: If I have not received a summons to appear in court do I need to go?
I found out I was being sued by a creditor by looking the case up online. It said I need to appear in court on 3/27/19. I have not been served with a summons yet.
There is no requirement that you appear if you have not been served.
Q: My mom died in Florida, no will. She had a home in Florida which was only under her name, my father has other kids.
My mother moved to FL a month before passing away, before that she lived in PR. My mother had a company in PR which I was told that cannot be inherited. My father took over that and aold everything, even trucks that were left under my aunts name to protect againat him and his other kids. Now he... Read more »
You should consult with a probate lawyer in your home town or county, soon. Like next week. This is not something that can be answered on the internet.
Q: can I apply for early termination of probation if my orders state court costs & fees aren't a condition of probation?
I'm on probation in Florida. my orders state that court costs and fees are "not a condition of probation". can I then apply for early termination of probation after 2 years?
You should re-post your question on the criminal law board. Probate has nothing to do with probation; probate is the legal process of administering the assets and debts of a person who has passed away.
Q: IM ASKING A QUESTION BECAUSE THE OTHER DAY DEC. 10 2018 I RECEIVED A COURT NOTICE
I RECEIVED A NOTICE FROM THE PINELLAS COUNTY COURT STATING THAT GTE FINANCIAL IS REQUESTING THAT THEY TAKE 25% OUT OF MY WEEKLY PAY FOR A CAR LOAN THAT IS OWED ON BUT THE VEHICLE WAS TOTALLED IN DEC. 22 2017 AND THE INSURANCE PAID THEM WHAT THE VEHICLE WAS WORTH AT THE TIME WHAT DO I DO ABOUT THIS... Read more »
There is a judgment against you for the difference between the amount of the loan that you owed at the time the insurer paid, and the amount the insurer paid. The creditor is attempting to garnish your pay to pay the judgment. The first thing that happens is a writ of garnishment is served on your... Read more »
Q: Can social security benefits be garnished for unpaid out of state (New York) medical bills if a judgment is awarded?
My father is retired, lives in Florida and receives social security benefits. In 2015 At age 64(was on ssid) he was admitted to the ER in New York (state funded hospital) while on vacation for heart related issues. Had no insurance at the times as he had been placed on social security disability... Read more »
Generally, under Florida law, SSI cannot be garnished. However, without knowing why the NY AG sued him and because a state agency is involved, and not a private creditor, the benefits may be able to taken by other means. He should contact his county legal aid office to see if he can get some legal... Read more »
Q: How can I collect a debt owe from someone in Puerto Rico that refuses to pay while I am in Florida?
You can sue them in Puerto Rico, or hire a debt collector who collects debts in Puerto Rico.
Q: Do adult children have a right to question why a will was not filed for a deceased parent?
My father passed away in FL 5 years ago and to my knowledge, no will was ever filed and his surviving spouse (not my mother and only 6 years older than me) received all assets. Originally in 2014, she did say that her will listed me and her adult son as beneficiaries, however because of us being... Read more »
This is something about which you should speak to a lawyer, face to face. Expect to pay for a consultation. Have information and/or documents with you - dad's full name, date of death, city/state of death, city/state where he lived at time of death; stepmom's name and address, phone #; etc. If you... Read more »
Q: What is the statute of limitation for a debt collecton to file suite to collect on a civil jugment for court costs?
A criminal traffic judgment was reduced to a civil judgment for court costs back in 2013. The court turned it over to a debt collector. Last activity (letter from the debt collector) was October 2017. I believe the debt collector violated the provisions of the FDCPA and the Florida equivalent.
Civil judgments are valid for 20 years. Arguably, this judgment is not debt as defined by the FDCPA.
Q: I'm in the process of paying my bankruptcy lawyer but have one of my creditors filing a civil suit.
I don't know what to do. I don't have money to pay for a lawyer to represent me in this matter and it won't be until later this year before I can get my bankruptcy lawyer paid to get my case filed. In the meantime what can I do to stop the civil suit and possible wage garnishment?
You can't do anything to stop the creditor from filing the suit, except enter into a payment arrangement.
Q: In Florida, we paid contractor in cash 11/22/17. They called July/2018 saying they were not paid. Can they do this?
We paid for a generator installation, and have receipt for initial deposit initialed by electrician on job in cash. 8 months later, accountant for electrician called to say that they had a bunch of accounts showing open balances, including ours. We paid in cash at time work was completed, and have... Read more »
Can they do what? It could be a simple bookkeeping error on their part, and need your assistance in finding the error. However, as the previous lawyer said, you should have a receipt that you paid in cash. If you don't have a receipt, how would you prove you paid them? Just because you say you paid... Read more »
Q: Married in MA (married 34 years); moved to St. Pete, FL in 1997. Am I'm responsible for husbands debt?
Husband credit is very poor. (credit cards) I am not listed as a card user on any of his credit cards. Creditors are calling the house daily and if he's not here ask to speak to his spouse. How can I protect myself from his financial obligations?
If you are not an account owner, you are not responsible for your husband's credit card debts.
Q: So I woke up this morning to my bank account being 5000.00 negative. This if from 2006 my codefendant is deceased
I haven't recieved any paperwork or been served . I've lived in the same house for 11 years now. They haven't even tried to contact me. How can they get access to bank account when they haven't even told me.
Sounds like your bank was served with a writ of garnishment. If that's the case, you will receive in a few days a copy of the motion for the writ of garnishment, and the writ, and a notice to you about any exemptions to the garnishment that you might have, as well as a form to ask for a hearing.... Read more »
Q: What sum cost are included on page 2 of Motion For Continuing Garnishment?
Motion For Continuing Garnishment form in the state of Florida. On page 2 of that form, it states, " Plaintiff further moves the court to award the Plaintiff the costs incurred in this Garnishment action in the sum of $___." What cost do I add and/or place in the blank__?
Every county clerk website has a page of fees. I imagine that you will file the motion in person, so the cost to file the garnishment is $85.00. The sheriff will serve the writ in your county for $40.00. *Make sure you get the garnishee correct.* If the garnishee hires an attorney to file an answer... Read more »
Q: Do I need to open a licensed Commercial Collection Agency in the state of Florida to collect from Insurance companies?
On behalf of medical provides
Probably. See the Florida Statutes.
Q: How much of house sale must go into escrow in a probate case with restrictions in Letter of Admin
Brother Mac died intestate in Miami, FL in Nov 2016. After 16 long months, I have finally been named PR. Mac had no liquid assets, just 25% ownership of a house in Ocala, FL (not his homestead) and a car. My other two brothers and I are the other owners of the Ocala house, and we are also the... Read more »
No.
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?
None, really. All Florida statutes are available online at flsenate.gov
Q: Mother died. Father survives. Her will left everything to him. All assets are joint. Is probate necessary/required?
Under these facts, no.
Q: I was assigned a new p.o 2 months ago that has been mistreating me since day one.....what can I do ?
I was given a 10 year probation sentence with a 5 year early term. I've been on probation for 6.5 years now and the only thing I have left to do before filing my early term packet is to pay off the remaining fines. The new officer I was placed with 2 months ago is constantly in a bad mood, refuses... Read more »
Probate law has nothing to do with probation. Probate is the process of settling the estate of someone who has died. You want to ask your question of a criminal law attorney.
Q: Wife owes 300.00 to collection co. In colo., we live in fl. They said they would do a uninvolitary collection
What is a unvolintary collection?
A collection agency can call you and write you letters, demanding payment. The agency may be able to report the debt to a credit bureau reporting agencies. But unless it owns the debt, it cannot sue you without hiring an attorney (in most cases). Most collection agencies do not buy debts; most have... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
