Asked in Collections for Florida

Q: what can a collections lawyer do with a eviction case from 2016.. Can they take me to jail?

They told me they could put a hold on my person. I explained to her that due to bad health and being unemployed that I couldn't pay the fee that started out at $2184.84 then they said the lowest they could go was to $700. When I asked for documentation regarding this she said they didn't have to supply that that its public knowledge on the clerk of court site. I looked it up and its been closed. Please advice

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2 Lawyer Answers
Phillip William Gunthert
Phillip William Gunthert
Answered
  • Orlando, FL
  • Licensed in Florida

A: Ignore them, they are lowly collection people, they cannot arrest you, they can try to file a lawsuit and get a judgment and if you do not have anything or make very little, they cant even collect that at all, they are trying to fear-monger you into paying or agreeing to do something that you do not have to do at all probably. Do not let them bully you and do not agree to pay them anything, they are truly just third party debt buyers and probably the low of the low of the low. Tell them you want verification of the debt (not just a generic sheet that says you owe the debt but all the debt statements and how they were calculated and established), proof that hey own the debt, proof that the Statute of Limitations on the debt has not expired, proof of purchase of the debt and that they own the debt, proof it is your debt and you signed for it and you would like to see your signature on that documents, when they get that stuff together, you can ask for about 100 more things just for starters. They will provide and or produce very little of it because they probably do not have it and probably cannot even get it in small portions. The key, as always, fight them every inch of the way on everything. Start with, I am not sure what you are talking about, I owe no debt and please only communicate with me via written post, I want this all documented and do not ever call me again.

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: Do not pay these people anything. Because they are willing to "compromise" the amount due so much the old debt is probably unenforceable--unless you make ANY new payment. If you pay anything, they can come back for everything.

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