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Florida Collections Questions & Answers
0 Answers | Asked in Contracts, Family Law and Collections for Florida on
Q: Testing 1 2 4

Where are my questions going?

0 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Collections for Florida on
Q: Who do you recommend?

I’m trying to retain an attorney for my sons court date on the 18th of this month for my son. We live in winter haven Polk county fl and he was accused of pointing a gun at an old lady through the window of his car (while driving) but he did NOT do it. When he was searched a gun was found in his... Read more »

1 Answer | Asked in Estate Planning, Collections and Probate for Florida on
Q: Can the courts take my inheritance?

Lake County FL courts have a $100,000 lien against me. I need to know if they can take the money my mother left me when she died.

Anthony M. Avery
Anthony M. Avery answered on Apr 22, 2022

You will want counsel of a competent FL attorney, assuming the legacy is situated in FL. `Exemption Rights will be pertinent here. You may even open up a Trust. This is a public forum and you do not need to talk about this with anyone else but your attorney.

1 Answer | Asked in Consumer Law, Probate and Collections for Florida on
Q: Am I responsible for my deceased husband's judgement ?

My late husband had a debt being paid by installment. The creditor, not knowing his death (I did not need a probate), now files a motion for final judgement. This judgement will be granted. Will I be responsible ?

Phillip William Gunthert
Phillip William Gunthert answered on Apr 14, 2022

I am very sorry for your loss on the passing of your husband, please accept my condolences for you and your family.

As long as you were not named in the lawsuit, and you were not a co-signor or otherwise made yourself responsible for the debt, the answer would be no. It would be important...
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2 Answers | Asked in Collections for Florida on
Q: I recieved a writ of garnishment letter on 4/11 from my employer but I never received anything from the courts .

I have lived in Florida for the past 4 years and this garnishment is from a court in Ohio, where I used to live. Don't I have to get something from the courts so I can answer to this .

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 12, 2022

When Final Judgment issues and the time for appeal runs, that is the end of the litigation, and the collection case is closed.

For good reason, most states do not require Judgment Creditors to file anything new in the closed case because that is like announcing to the world (and the...
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2 Answers | Asked in Consumer Law and Collections for Florida on
Q: unsecured 2nd mortgage that is over 10 years old in Florida does statute of limitations apply
Jane Kim
Jane Kim answered on Mar 22, 2022

"unsecured 2nd mortgage" is a legal impossibility.

Statute of limitations as to default? Every missed payment triggers its own default and its own statute of limitations.

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1 Answer | Asked in Real Estate Law, Collections, Gov & Administrative Law and Municipal Law for Florida on
Q: Can you have a daily accruing fine without notice for five years?

I repaired a city code violation in an apartment I own as I normally would so that I could rerent the apartment, it was air conditioning problem. After five years without any notice and thinking the matter was taken care of, I received a letter from code enforcement saying that my daily accrued... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 16, 2022

I am unable to advise you on this important matter without first being able to see the original notice of code violation that you received from the city five years ago (you can request a copy) and reviewing the specific section of the Code(as it was five years ago) the city is using to try to... Read more »

1 Answer | Asked in Bankruptcy and Collections for Florida on
Q: Can I transfer my home to someone else if I have judgements against me?

Basically I have 2 judgements against me and am being sued for another debt I owe. I make too little money for them to collect anything and I own my home, it's my homestead, and I've been told they can't touch it. It's a mobile home and I don't own the property it's... Read more »

Timothy Denison
Timothy Denison answered on Feb 13, 2022

Yes, although depending on whether you file bankruptcy, it could be regarded as a fraudulent transfer if you don’t receive full market value at the time of the transfer.

1 Answer | Asked in Collections for Florida on
Q: I'm being sued by capital one for credit card debt. I haven't been officially served yet. Should I respond now?

I've only received mailed solicitations from local lawyers with a case number. I have not received anything official. The file date is 1/25/22. Pretrial is set for June. Debt amount was $3,000

Charles M.  Baron
Charles M. Baron answered on Feb 5, 2022

You are under no obligation to file a response to the lawsuit until 20 days after you are served. (But if a small claim of $8K or less, you don't need to respond at all; you instead appear for a pretrial conference.) You have the option to respond without being served, but in most cases,... Read more »

2 Answers | Asked in Bankruptcy and Collections for Florida on
Q: I need a lawyer who is prono Bono

For bankruptcy I had two jobs working part-time the people who are assuming me is the bank but the truck that I got through a car dealer the very first day I drove off the lot I had trouble I had to go buy three new tires the tires were so dry rotted long story short story so they're coming... Read more »

Timothy Denison
Timothy Denison answered on Dec 28, 2021

Contact your local bar association or legal aid society for a list of pro Bono attorney.

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2 Answers | Asked in Collections for Florida on
Q: Am I responsible for a credit card debt that is solely on my wife name ? Also can the merchant go after my name ?
Barry W. Kaufman
Barry W. Kaufman answered on Dec 3, 2021

No. If the owner of the credit card is your wife and you are not a co-owner, then you are not liable to the card issuer.

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4 Answers | Asked in Collections and Small Claims for Florida on
Q: I am being sued by a collection agency for FingerHut. Court date 12-14. What can I do

I am a single mom and a student full time, and looking for a part time job, I have had quite a few obstacles the last few years and I am trying to move forward. The bill is for 1200, and I can not pay it, maybe a payment plan. I just need some help and I do not know what else to do.

Barry W. Kaufman
Barry W. Kaufman answered on Dec 3, 2021

Call the attorney who filed the suit or the person who signed it and try to arrange a payment plan.

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3 Answers | Asked in Real Estate Law, Arbitration / Mediation Law and Collections for Florida on
Q: Hello I was sick with COVID and fell behind on HOA assessments and dues. HOA had now referred me to their attorney.
Jane Kim
Jane Kim answered on Dec 2, 2021

HOA rules attach legal fees. Unless that lawyer feels bad for you, you'll be expected to pay the past due amount plus legal fees. Sorry.

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4 Answers | Asked in Real Estate Law and Collections for Florida on
Q: Can a judgment against an individual be attached to a property in an llc they own?

I have a judgment against me personally from 10 years ago (yes he renewed it). Since then I bought a property in an llc name. I'm now I'm refinancing and this judgment came up. The underwriter said it must be paid first. I don't understand.

Barry W. Kaufman
Barry W. Kaufman answered on Oct 27, 2021

When a judgment is recorded, the judgment attaches to the ownership interest in real property of the judgment debtor. You'll have to ask the underwriter these questions. Is it possible that the creditor recorded a lien against your LLC? Sure, it's possible, but unlikely. Otherwise, seek... Read more »

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1 Answer | Asked in Collections for Florida on
Q: I have an unpaid collection on my credit report but I was never aware that I owed any money. Should I dispute?

I have an outstanding collection from 2016 that is originally from an apartment complex. It was sold to a collection agency in Tampa. When I left that apartment complex, I wasn’t told that I owed any debt. I was never contacted even though my phone number never changed. I would have been easy to... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Oct 22, 2021

Can you dispute it? Sure. Will the credit bureau remove it? Probably not, because it's a valid debt.

1 Answer | Asked in Collections for Florida on
Q: I recieved a letter from a collection agency for a student loan I cosigned for my granddaughter

She lives in ohio I live in florida

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 17, 2021

If you ask no question, you generally get no answer.

1 Answer | Asked in Collections for Florida on
Q: I recieved a letter from a collection agency for a student loan I cosigned for my granddaughter

She lives in ohio I live in florida

Barry W. Kaufman
Barry W. Kaufman answered on Oct 17, 2021

You didn't ask a question.

You are 100% responsible to the lender for the student loan payments, just as your granddaughter is responsible.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Collections for Florida on
Q: How do I know if I’m being charged with unemployment fraud
Michael  Mayoral
Michael Mayoral answered on Oct 4, 2021

It is close to impossible to find out if you are going to be charged with unemployment fraud, or any crime, until it happens. Typically, a law enforcement officer making contact with you to question you is a sign that you might be being investigated for a crime. An arrest generally means a law... Read more »

3 Answers | Asked in Criminal Law, Employment Law, Civil Rights and Collections for Florida on
Q: Unemployment

Overpayment and fraud, how do I know if I’m being charged with unemployment fraud??? I’ve been notified of overpayment!

Barry W. Kaufman
Barry W. Kaufman answered on Oct 2, 2021

You didn't ask a question.

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2 Answers | Asked in Banking and Collections for Florida on
Q: Are creditors allowed to ask for bank statements to help with proof of hardship?

I’m working with a company I’ve defaulted on due to Covid hardship. I’ve sent everything and now they’re requesting to see my bank statements. My personal account over laps at times with my fiancée business account. I try not to let it happen. But there are times he needs me to do things... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 24, 2021

You are attempting to resolve a claim that a creditor has with you. They've asked for some documents which you've provided, and now they want bank statements. Are they allowed to ask for bank statements?

Of course they can ask for them. Creditors ask for bank statements all the...
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