Questions Answered by Barry W. Kaufman
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.
Barry W. Kaufman's answer
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.
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?
Barry W. Kaufman's answer
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.
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
Barry W. Kaufman's answer
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 employer. Your employer has 20 days to respond to the writ of garnishment. The creditor will send you the motion for the writ of garnishment, the writ, and later, your employer's answer. The clerk is...
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 employer. Your employer has 20 days to respond to the writ of garnishment. The creditor will send you the motion for the writ of garnishment, the writ, and later, your employer's answer. The clerk is...
Q: Can social security benefits be garnished for unpaid out of state (New York) medical bills if a judgment is awarded?
1 Answer
| Asked
in
Public Benefits, Social Security and Collections
for
Florida
on
Answered on Oct 9, 2018
Answered on Oct 9, 2018
Barry W. Kaufman's answer
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 advice there. Ignoring a lawsuit is never a good idea.
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 advice there. Ignoring a lawsuit is never a good idea.
Q: How can I collect a debt owe from someone in Puerto Rico that refuses to pay while I am in Florida?
Barry W. Kaufman's answer
You can sue them in Puerto Rico, or hire a debt collector who collects debts in Puerto Rico.
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?
Barry W. Kaufman's answer
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 have a copy of the Will, bring it with you. Good luck.
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 have a copy of the Will, bring it with you. Good luck.
Q: What is the statute of limitation for a debt collecton to file suite to collect on a civil jugment for court costs?
Barry W. Kaufman's answer
Civil judgments are valid for 20 years. Arguably, this judgment is not debt as defined by the FDCPA.
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.
Barry W. Kaufman's answer
You can't do anything to stop the creditor from filing the suit, except enter into a payment arrangement.
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?
Barry W. Kaufman's answer
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 them is not proof that you did. You need a receipt. If you don't have a receipt (or some other documented evidence that indicates that you paid), you may very well be out of luck.
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 them is not proof that you did. You need a receipt. If you don't have a receipt (or some other documented evidence that indicates that you paid), you may very well be out of luck.
Q: Married in MA (married 34 years); moved to St. Pete, FL in 1997. Am I'm responsible for husbands debt?
Barry W. Kaufman's answer
If you are not an account owner, you are not responsible for your husband's credit card debts.
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
Barry W. Kaufman's answer
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. You don't get advance notice of a garnishment. It is immaterial that your codefendant has been deceased since 2006.
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. You don't get advance notice of a garnishment. It is immaterial that your codefendant has been deceased since 2006.
Q: What sum cost are included on page 2 of Motion For Continuing Garnishment?
2 Answers
| Asked
in
Civil Litigation, Collections and Small Claims
for
Florida
on
Answered on Jun 19, 2018
Answered on Jun 19, 2018
Barry W. Kaufman's answer
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 to the writ, it will cost you $100.00 for the garnishee's attorney's fees. Some garnishees answer the writ without hiring an attorney to do so, so there's no garnishee attorney's fees in that...
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 to the writ, it will cost you $100.00 for the garnishee's attorney's fees. Some garnishees answer the writ without hiring an attorney to do so, so there's no garnishee attorney's fees in that...
Q: How much of house sale must go into escrow in a probate case with restrictions in Letter of Admin
Q: I was assigned a new p.o 2 months ago that has been mistreating me since day one.....what can I do ?
Barry W. Kaufman's answer
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.
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
Barry W. Kaufman's answer
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 accounts referred to them by the original creditor. If the agency is not successful collecting, the creditor will pull the account(s) back, and refer them to a different agency. The fact the agency...
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 accounts referred to them by the original creditor. If the agency is not successful collecting, the creditor will pull the account(s) back, and refer them to a different agency. The fact the agency...
Q: Can vehicle title be transferred directly from the deceased to a buyer?
Barry W. Kaufman's answer
In most cases, the PR is required to be represented by an attorney. This is a question for your attorney.
In most cases, the PR is required to be represented by an attorney. This is a question for your attorney.
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