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Questions Answered by Barry W. Kaufman
2 Answers | Asked in Civil Litigation, Collections and Small Claims for Florida on
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__?

Barry W. Kaufman
Barry W. Kaufman answered on Jun 19, 2018

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 »

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1 Answer | Asked in Business Law and Collections for Florida on
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

Barry W. Kaufman
Barry W. Kaufman answered on Jun 7, 2018

Probably. See the Florida Statutes.

2 Answers | Asked in Probate for Florida on
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 »

Barry W. Kaufman
Barry W. Kaufman answered on Jun 1, 2018

No.

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2 Answers | Asked in Collections for Florida on
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?

Barry W. Kaufman
Barry W. Kaufman answered on May 27, 2018

None, really. All Florida statutes are available online at flsenate.gov

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2 Answers | Asked in Probate for Florida on
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 »

Barry W. Kaufman
Barry W. Kaufman answered on Apr 30, 2018

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.

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2 Answers | Asked in Collections for Florida on
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?

Barry W. Kaufman
Barry W. Kaufman answered on Apr 23, 2018

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 »

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3 Answers | Asked in Probate for Florida on
Q: Can vehicle title be transferred directly from the deceased to a buyer?

I'm the Personal Representative of my father's estate. His vehicle is included in his will. Estate has no debt. I have a buyer who wants to purchase the car. The vehicle title is still in the name of my father. As Personal Representative of the Estate, can I sell the car to the buyer and transfer... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Apr 19, 2018

In most cases, the PR is required to be represented by an attorney. This is a question for your attorney.

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3 Answers | Asked in Probate for Florida on
Q: Can my sister have me kicked out by going to probate?

My son & I have lived here with my mom and dad for over 20 years and i was their caretaker until they passed. I had power of attorney for both and I'm on their joint bank account. Mom passed away in Dec and dad in Apr. My sister wants the courts to kick me and my son out so the property can be sold... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Apr 16, 2018

yes.

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2 Answers | Asked in Collections for Florida on
Q: How many times can a collection agency come after you for the same debit? If paid off?
Barry W. Kaufman
Barry W. Kaufman answered on Apr 11, 2018

If you paid a debt to zero, the debt is paid. You should probably take every bit of paper (letters, statements, etc., that you have on this debt) to a lawyer and let him or her determine if the debt was in fact, paid off.

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2 Answers | Asked in Civil Litigation and Collections for Florida on
Q: I was served papers for a collection and filed my answer. It's been 3 years and now the plaintiff filed for a judgement.

I can't find specific answers to how long they have after I file my answer to do anything. No other motions have been filed by them since then for an extension or anything. Am I still within my rights to ask for a dismissal?

Also, the only thing that has happened is the case switched... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Apr 10, 2018

There doesn't have to be anything else filed. If you admitted liability and damages in your answer, moving for judgment is appropriate. There is no basis for you to ask for a dismissal.

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1 Answer | Asked in Probate and Criminal Law for Florida on
Q: can you pass probation without doing community hours
Barry W. Kaufman
Barry W. Kaufman answered on Apr 2, 2018

Probate has nothing to do with probation. Probate is the process to settle a decedent's affairs. You might want to ask the question in the criminal law forum.

3 Answers | Asked in Estate Planning and Probate for Florida on
Q: Both my parents died 8-9 yrs ago. They left no will & they also left a house. I've lived in the house since.

I've taken care of property maintenance and pay property taxes. What can I do. Thanks

Barry W. Kaufman
Barry W. Kaufman answered on Mar 30, 2018

What can you do about what? What's the issue?

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2 Answers | Asked in Probate for Florida on
Q: My grandmother died without a will. Her house still has a mortgage on it, can I get the house?

I live in Florida, my aunt agrees I should get the house and take over mortgage, is this possible? How long will it take? Can the state or bank take the house?

Barry W. Kaufman
Barry W. Kaufman answered on Mar 6, 2018

Maybe. You would need to qualify with the lender to assume the mortgage. You may not have any rights at all; unless your aunt takes possession of the house first. Talk to a probate lawyer in your county. The bank can foreclose on the mortgage, yes.

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3 Answers | Asked in Civil Rights, Domestic Violence, Landlord - Tenant and Probate for Florida on
Q: Can a 50% owner kick door down and take stuff out of home where he is not legal resident of without other owners say.

There was no will no probate started. Owner tackled and physically removed guest while I was not home. Cops called and sided with owner. Items were tore down broken and went through doors with deadbolts kicked in. I was not home. They still have my other phone in their possession and police did... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Mar 4, 2018

Not enough facts to answer. Please try again.

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1 Answer | Asked in Collections for Florida on
Q: Can I pay off a medical debt with a credit card?
Barry W. Kaufman
Barry W. Kaufman answered on Feb 23, 2018

It depends to whom you are making the payment. If you are paying the provider directly, the provider likely accepts credit cards. If however, you are trying to pay a 3rd party like a collection agency or a law firm and that agency or attorney has told you that they do not accept credit cards, then... Read more »

1 Answer | Asked in Collections, Family Law and Child Support for Florida on
Q: I live in SC and am owed $7,879.99 in arrears how can I collect from absent parent living in florida?

My case was opened and closed in Connecticut because he has moved to Florida. My daughter is 20 and is in college. The case closed when she turned 18 but the State of Connecticut stated that he still owes and has to pay $7,879.99 for arrears and that I would have to purse that in Florida but I am... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Feb 21, 2018

You can contact your local child support enforcement office.

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: Can someone who is on a joint account move money into their personal account days before the main account holder passes?

My grandmother passed away last year. She had updated her will to 2-3 weeks before she passed away. She had a joint account with the executor of the will. A week or two before my grandmother passed away, the executor moved tens of thousands of dollars out of that joint account into her personal... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jan 30, 2018

Joint account holders own the funds in a joint account equally. In other words, the money in the joint account was your grandmother's as much as it was the executor's.

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2 Answers | Asked in Probate for Florida on
Q: My dad died 11 or 12 yrs ago I’m his youngest daughter if his other kids wanted to take me out of his will can they ?

Can I inherited something from him because I’m his youngest daughter or can they just leave me out of his will he died in 2006 now I’m 23

Barry W. Kaufman
Barry W. Kaufman answered on Jan 29, 2018

Whatever was in his Will at the time of death can't be changed. It was his Will.

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2 Answers | Asked in Landlord - Tenant and Probate for Florida on
Q: I am property owner and rent my property. My tenant passed away aprox 60 days ago and probate is pending.

When can I remove the pts personal

property? Do I need to store the personal until probate is complete?

I have notified the representitives for the estate. However there is more than one rep and they are disputing the probate. They are unable to find the orginial copy of the... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jan 29, 2018

The first thing is to contact either the personal representative for the estate, or the PR's lawyer to let them know that you need to have the personal effects out of the property.

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