Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Barry W. Kaufman
2 Answers | Asked in Contracts, Civil Litigation, Collections and International Law for Florida on
Q: Can an American living in Germany be successfully sued or have collections put against them from someone in the states?

Im an American living in Germany and do not plan to return to the states. I signed a contract with a company out of Florida regarding medical consulting in relations to a claim with the Veterans Administration (Im a vet). The company did not do as advertised and thus we are in a dispute over... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Mar 30, 2020

Of course you can be sued. The creditor will have to jump thru some hoops to get you served in Germany though. But regardless, once you are served, its just like you lived in the states. If the creditor obtained judgment, and wanted to enforce the judgment, it would have to go through a process to... Read more »

View More Answers

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Hi. I'm looking for quick advice on a landlord situation.

My landlord came into my property twice already without notice and is threatening to raise the rent because I got an electric stove top and a portable washing machine. She pays utilities and says that will raise her bill too much. Nothing was mentioned prior to moving in and now she wants me to get... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Mar 20, 2020

Depends on your lease. If you are month to month, she can probably raise it with notice. If you are a year lease and pay monthly, then no.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: The (Florida) Final Judgement of Eviction has been issued. The tenant is in jail and heading to prison.

His sister has retrieved his stuff. Does the Writ of Possession still need to be served?

Barry W. Kaufman
Barry W. Kaufman answered on Mar 19, 2020

I know it sounds dumb, but I would do it JUST to show that all the Ts are crossed. It's $40.00. Service of the Writ and the *filing of the affidavit of service of the Writ* "tells the world" that the Landlord has retaken lawful possession of the premises.

Suppose that you rented the...
Read more »

View More Answers

3 Answers | Asked in Probate for Florida on
Q: My daughter's grandfather gave me and my boyfriend a truck a month before he died how do I go about getting the truck

He did sign it over to my boyfriend we efiled the title and the officers said that they couldn't use the copy the dmv gave us He died on the 8th of February when the title was signed on the 15th of January And now the two older children will not let use take the truck off the property it is tagged... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Mar 4, 2020

Anyone who has a legal issue should retain their own attorney. There are hundreds of good lawyers in Miami, so finding one to help your daughter's aunt should not be a problem.

If the daughter's grandfather signed the title but it wasn't signed by your daughter before his death, the truck...
Read more »

View More Answers

2 Answers | Asked in Landlord - Tenant for Florida on
Q: I just moved into a 55+ community by myself and a week later my 17-year-old daughter had to move in with me now my

Landlord Is telling me I have to leave but my lease states use of premises “the premises shall be used and occupied by tenant and tenants immediate family consisting of one adult age 55+ only exclusively as a private single-family dwelling. I thought my daughter would be considered immediate... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Mar 4, 2020

I suggest that you immediately retain a landlord tenant attorney in your area who can review your lease.

View More Answers

2 Answers | Asked in Contracts and Collections for Florida on
Q: Can a person, who is not named in a summons, refuse to accept service?
Barry W. Kaufman
Barry W. Kaufman answered on Mar 4, 2020

Certainly someone unrelated to the defendant can refuse. Probably need more facts and unless your question is one of idle curiosity, the person refusing should probably consult his or her own lawyer.

View More Answers

2 Answers | Asked in Collections and Stockbroker Fraud for Florida on
Q: Is it illegal to purposely overdraft your checking account?

I had $1000 dollars in my bank account, I moved all of it into a investing website, but I accidentally did it twice, and now I'm in the hole for $1000, but I've already invested all the money. I know I can pay it back and the overdraft fees back by the end of the month, am I able to do this? or is... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Mar 3, 2020

Its not illegal. You have only a certain amount of time to replace the money. You pay it back as soon as humanly possible whether its against the law or not because the overdraft amount is not your money

View More Answers

2 Answers | Asked in Collections for Florida on
Q: I have a question about settling a credit card debt.

I have a closed cc with jp Morgan that's over a year old for 5400.00. Today I received a settlement offer from collection agency for $580.00. I know there can be tax implications and it will impact my credit score, but other than that, are there any other negatives for accepting this offer? Can... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Feb 25, 2020

A settlement offer is that - an offer to settle the account. The offer must be in writing, which I assume it was, judging by your post. If you comply with the offer, they cannot then retract it. You should keep all correspondence, to include your response(s) and a copy of the cancelled check, for... Read more »

View More Answers

1 Answer | Asked in Civil Litigation, Civil Rights, Collections and Small Claims for Florida on
Q: In Florida, is there a usual or set fee to send a letter of demand on money owed, or does it vary by lawyer or firm?

Have a copy of a hand written agreement by the person who owes me the money & notarized, for a specific amount to be paid per month. (Along with texts of agreement being made and pics sent by them of the letter while being written.) The payments have not been received since the initial payment of... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Feb 25, 2020

The fee is whatever you and the lawyer agree upon.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Who is responsible for an ongoing leak that was reported at the beginning of the lease, the tenant or property manager?

I'm a new tenant and in my first month of the lease. I rent a unit in a triplex. I live in Fort Lauderdale, Florida. In the lease, the lessor waived their obligation to maintain the premises. Within my first week as a tenant I reported a leak issue underneath the kitchen sink. It was temporary... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Feb 1, 2020

The lessor is the landlord. You state that the lessor waived the obligation to maintain the property, which according to what you wrote, means that you are obligated to fix the leak. Plumbing leaks underneath the sink are generally easy fixes. The leak is coming from a connection or a pipe has a... Read more »

2 Answers | Asked in Collections for Florida on
Q: I won in sm. claims court FL. Not been paid. Defendant has filed countersuit for $10,000 in Canada- can they
Barry W. Kaufman
Barry W. Kaufman answered on Jan 27, 2020

The question is not can they, they did. The question is what you do about it. Its not really a collection question, it's an international law question, I think. If nothing else, you should probably consult with a lawyer who is licensed to practice in Canada; and probably one located (at least) in... Read more »

View More Answers

2 Answers | Asked in Collections for Florida on
Q: Hello and Good Morning, Do commercial collection agencies have to disclose all fees being charged to the debtor in FL?

Our business was placed in a commercial collection agency for a past due bill which we recognize and we are willing to pay although the collection agency does not want to disclose a detailed breakdown of what they are charging under "collection fees" which are close to $5000 and this account is... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Dec 6, 2019

Not specifically. There is a statute which deals with commercial collection agencies, but it addresses only the requirement that an agency register with the state as such.

if I read the facts correctly, you owe the creditor $X.xx but the collection agency is demanding $X.xx plus $5,000; and...
Read more »

View More Answers

2 Answers | Asked in Collections for Florida on
Q: Can Collection lawyers proceed with debt collection if they did not prove a debt never responded to verification letter?

A default judgment was filed in court in2003 for credit card debt .Writ of execution issued while I was living abroad . First notice I received three months ago when my bank account was put on hold and instantly drained to the last penny never knew before about the judgment until I received a... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Dec 3, 2019

There's no verification necessary after the judgment is entered in most cases. Somebody accepted service on your behalf in 2003, and that's all that's really important. Whoever that person was apparently didn't notify you, but that's not the creditor's issue. The fact is that a judgment is valid... Read more »

View More Answers

1 Answer | Asked in Collections for Florida on
Q: If my credit card is charge off can they keep adding to my balance
Barry W. Kaufman
Barry W. Kaufman answered on Nov 1, 2019

1. Who is they?

2. Generally, after the CC is charged off, the balance is frozen. However, interest may accrue on the charged off balance, depending on your credit card agreement and how your creditor or its outside lawyers interpret the agreement.

3. If the creditor brings a...
Read more »

1 Answer | Asked in Real Estate Law and Probate for Florida on
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 »

Barry W. Kaufman
Barry W. Kaufman answered on Apr 9, 2019

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.

1 Answer | Asked in Collections and Small Claims for Florida on
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.

Barry W. Kaufman
Barry W. Kaufman answered on Mar 25, 2019

There is no requirement that you appear if you have not been served.

2 Answers | Asked in Probate for Florida on
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 »

Barry W. Kaufman
Barry W. Kaufman answered on Mar 1, 2019

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.

View More Answers

1 Answer | Asked in Probate for Florida on
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?

Barry W. Kaufman
Barry W. Kaufman answered on Jan 8, 2019

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.

1 Answer | Asked in Collections for Florida on
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 »

Barry W. Kaufman
Barry W. Kaufman answered on Dec 12, 2018

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 »

1 Answer | Asked in Public Benefits, Social Security and Collections for Florida on
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 »

Barry W. Kaufman
Barry W. Kaufman answered on Oct 9, 2018

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 »

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.