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.

2 Answers | Asked in Probate for Florida on
Answered on Mar 1, 2019
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.

Q: can I apply for early termination of probation if my orders state court costs & fees aren't a condition of probation?

1 Answer | Asked in Probate for Florida on
Answered on Jan 8, 2019
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.

Q: IM ASKING A QUESTION BECAUSE THE OTHER DAY DEC. 10 2018 I RECEIVED A COURT NOTICE

1 Answer | Asked in Collections for Florida on
Answered on Dec 12, 2018
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...

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
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.

Q: How can I collect a debt owe from someone in Puerto Rico that refuses to pay while I am in Florida?

1 Answer | Asked in Collections for Florida on
Answered on Sep 26, 2018
Barry W. Kaufman's answer
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?

1 Answer | Asked in Probate for Florida on
Answered on Sep 19, 2018
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.

Q: What is the statute of limitation for a debt collecton to file suite to collect on a civil jugment for court costs?

1 Answer | Asked in Collections for Florida on
Answered on Aug 22, 2018
Barry W. Kaufman's answer
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.

1 Answer | Asked in Consumer Law and Collections for Florida on
Answered on Aug 19, 2018
Barry W. Kaufman's answer
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?

2 Answers | Asked in Collections and Construction Law for Florida on
Answered on Aug 6, 2018
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.

Q: Married in MA (married 34 years); moved to St. Pete, FL in 1997. Am I'm responsible for husbands debt?

2 Answers | Asked in Collections for Florida on
Answered on Jul 20, 2018
Barry W. Kaufman's answer
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

2 Answers | Asked in Collections for Florida on
Answered on Jul 3, 2018
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.

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
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...

Q: I heard that Florida has additional laws to protect consumers against unscrupulous collections agencies that the federal

2 Answers | Asked in Collections for Florida on
Answered on May 27, 2018
Barry W. Kaufman's answer
None, really. All Florida statutes are available online at flsenate.gov

Q: I was assigned a new p.o 2 months ago that has been mistreating me since day one.....what can I do ?

2 Answers | Asked in Probate for Florida on
Answered on Apr 30, 2018
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.

Q: Wife owes 300.00 to collection co. In colo., we live in fl. They said they would do a uninvolitary collection

2 Answers | Asked in Collections for Florida on
Answered on Apr 23, 2018
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...

Q: Can vehicle title be transferred directly from the deceased to a buyer?

3 Answers | Asked in Probate for Florida on
Answered on Apr 19, 2018
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.

Q: Can my sister have me kicked out by going to probate?

3 Answers | Asked in Probate for Florida on
Answered on Apr 16, 2018

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