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Florida Collections Questions & Answers
0 Answers | Asked in Estate Planning and Collections for Florida on
Q: Florida residents IRA protection

Are the assets in an IRA owned by a Florida resident protected from liability judgement when the IRA is registered with a Minnesota institution?

1 Answer | Asked in Collections for Florida on
Q: Case File #: ACEUSA-AF03/016240595Balance Due: $980.76Dear Debtor,We are going to file a lawsuit in next 72 hours

at United States District Court 99 E Bro ward Blvd # 108, Fort Lauder dale, FL 33301, United States against your Name and SSN. After giving several notifications we did not received any response from your side. We will consider that you are ignoring this matter and you want to dispute. We are in a... View More

James L. Arrasmith
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answered on Mar 11, 2024

This message appears to be a scam. Here are a few red flags that suggest this is not a legitimate communication:

1. Threatening language: Legitimate debt collectors and legal representatives generally do not threaten immediate legal action without prior communication and an opportunity to...
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1 Answer | Asked in Bankruptcy, Employment Law, Collections and Small Claims for Florida on
Q: My wages were garnished but I don't make enough money to be garnished, what do I do?

I have multiple judgements against me from different debts but same law firm. I don't make enough money for my wages to be garnished and haven't in years. The law firm reached out to my employer and threatened that if they don't garnish my wages then they'll attempt to garnish... View More

James L. Arrasmith
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answered on Mar 4, 2024

Facing wage garnishment when your income does not meet the legal requirements for such action can be distressing. First, it's important to understand that federal and state laws provide specific protections for individuals in your situation. For instance, there are limits to how much of your... View More

2 Answers | Asked in Civil Litigation, Civil Rights and Collections for Florida on
Q: I'm being sued for replevin on a rent to own shed. I missed the first summons but judge denied default for 7.060 & 7.170

In 2000 I signed a rent to own new shed. When they delivered it they caused damages. I reported the damages and they said they would come replace all damaged. They did not. I started making payments on it and paid about two years which is close to cash price. My car broke down and I got behind on... View More

Jane Kim
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answered on Jan 28, 2024

Sounds like it is in small claims court and you are required to appear. The Judge or the court personnel will explain what is happening and what you are expected to do next. But you must enter an appearance or the other side will obtain a judgment against you.

Good luck.

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1 Answer | Asked in Divorce, Family Law and Collections for Florida on
Q: Is a Judgment for ex to pay back misappropiated retirement benefits qualify as 'court ordered victim restitution'?

In order to garnish SSI benefits, one qualification is that an Order/Judgment should reflect and show on its face it is a "court ordered victim restitution." 42 USC 662(e)(2); 5 CFR 581.305 (a) (3).

Is a CA Family Law Court Order / Judgment for stolen retirement benefits... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 10, 2024

No. An order for victim restitution would have been ordered in a criminal case, not in a civil case such as a family law court case.

By the way, it doesn't appear that 42 USC 662 (once a federal statute) exists. "Section 662, act Aug. 14, 1935, ch. 531, title IV, §462, as added...
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1 Answer | Asked in Tax Law and Collections for Florida on
Q: Bank of America refuses to send me a 1099-C for tax year 2022 even though Statute of Limitations has expired June 2022.

IRS regulations 1.6050P-1(b)(2)(i)(F) and (G) are very clear that if a debt has reached the statute of limitations it is one of the trigger items (Identifiable event) that require a 1099-C Cancellation of Debt be sent out. It further states that this section applies whether or not an an actual... View More

James L. Arrasmith
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answered on Nov 19, 2023

The IRS regulation 1.6050P-1(b)(2)(i)(F) and (G) does stipulate that certain identifiable events, such as the expiration of the statute of limitations on a debt, can trigger the requirement for a creditor to issue a 1099-C, Cancellation of Debt form. However, the application of this regulation can... View More

2 Answers | Asked in Collections for Florida on
Q: How to handle credit card law suits?

hello, a family member used my credit without my knowledge and now i have 4 law suits against me for credit card debt. I was not aware of the law suits until i recently tried to buy a car. Since its family i do not want to press any charges and I want to take responsibility for the debts and pay... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 30, 2023

File Motions to Set Aside the Judgment to allow you to file a responsive pleading.

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2 Answers | Asked in Criminal Law and Collections for Florida on
Q: Is this real??

CASH ADVANCE INC (THE CASH ADVANCE GROUP)

Attention, Debtor

LAWSUIT COURT CASE FILE NO: #UDT-5734942

LAWSUIT COST - $768.46 (INCLUDING ATTORNEY FEE/COURT FEE/ALL TAXES)

LOAN SETTLEMENT AMOUNT- $576.35 (Today’s Settlement Amount, 25% waived off)... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 30, 2023

I agree; it appears to be some sort of a scam. Some things that i question include the language " You will be represented @ 700 Stewart Street, Seattle, WA - 98101". Someone else is asking you for money, so you are not being represented by anyone. But it does suggest that they are... View More

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1 Answer | Asked in Criminal Law, Collections, Federal Crimes and White Collar Crime for Florida on
Q: Can the Federal DOJ's Financial Litigation Unit (FLU) go after property and bank accounts belonging solely to my wife...

Can the Federal DOJ's Financial Litigation Unit (FLU) go after property and bank accounts belonging solely to my wife...in order to collect on a federal restitution order issued solely against me? The reason I ask is because I received a collection notice letter from the FLU. Included with the... View More

Solomon L. Wisenberg
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answered on Oct 28, 2023

It depends on all of the specific facts of your situation. Generally speaking, DOJ cannot reach a spouse's separate property unless the property constitutes the proceeds of your crime or was obtained with the proceeds of your crime.

2 Answers | Asked in Consumer Law and Collections for Florida on
Q: Next steps after receiving zombie debt notice

I live in Florida, and received a debt validation notice trying to collect on an alleged debt with a Florida based credit union (presumably alleged credit card debt), saying the "debt is now owned by [collection agency's name]". Notice states their info shows a balance dated April... View More

Angelo "Tony" Marino Jr.
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answered on Oct 22, 2023

The statute of limitations for written contracts is 5 years in Florida. However, most agreements state in which what state the laws apply to the agreement. Having said that, I am not aware of any state where the statute of limitations exceeds 10 years.

I would send a cease-and-desist...
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1 Answer | Asked in Arbitration / Mediation Law, Collections and Consumer Law for Florida on
Q: Is arbitration against the creditor or the collections agency that the creditor sold the debt to?
Tim Akpinar
Tim Akpinar
answered on Oct 5, 2023

A Florida attorney could advise best, but your question remains open for two weeks. It could depend what the arbitration is for - general negotiation, challenging basis for debt, claim for misconduct, etc. It could also depend on the right to use arbitration as a forum. Sometimes that's... View More

2 Answers | Asked in Foreclosure, Contracts, Real Estate Law and Collections for Florida on
Q: No liens, no foreclosure in 12 years on old HOA assessment dues due to mismanagement

Recently got statement to pay within 30 days, did the statue ran out on collections, lien and foreclosure on the very 1st payment missed 12 years ago? Good track record of timely payments, management's record, not so good for posting those payments. Thanks,

Charles M.  Baron
Charles M. Baron
answered on Sep 23, 2023

I assume you are talking about a Florida HOA. You appear to be writing from Michigan but asking about a Florida issue. Best to promptly consult an attorney handling community association law in your area. I personally would need to research your issue to give a reliable answer - but be aware of... View More

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1 Answer | Asked in Consumer Law and Collections for Florida on
Q: Can debt collectors continue to call about a balance after I make a payment arrangement (and pay it with auto pay)?

I have a debt that I am paying on each month, yet I continue to get calls about my “past due balance” with a disclaimer of ‘if you’ve paid this already, please disregard.’ The company has basically said ‘that’s just what we do.’

Joel Gary Selik
Joel Gary Selik
answered on Sep 8, 2023

Unless the payment agreement provides otherwise, they can.

1 Answer | Asked in Contracts, Business Law and Collections for Florida on
Q: Apartment Management Consultants, LLC has not paid their invoices for over 130 days. What kind of help can you provide?

The View on the River Apartment

Franchise

Over 90 Days

F00262 0079068 The View on the River Apartmen 0262 (904) 379-6995 3645689 5/22/2023 5/22/2023 $0.00 $3,271.14 $228.22 99 - - - - $3,271.14

F00262 0079068 The View on the River Apartmen 0262... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 30, 2023

Attorneys can assist with demand letters, reviewing any written agreements to determine terminating contracts and assistance in evaluation.

2 Answers | Asked in Collections for Florida on
Q: What does Satisfaction of garnishment mean?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 27, 2023

A satisfaction of judgment is something that a judgment creditor might file to indicate that the judgment has been collected and is no longer owed by the judgment debtor (normally the defendant). A writ of garnishment is issued by a court directing a bank or employer to monies belonging to a... View More

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2 Answers | Asked in Collections and Small Claims for Florida on
Q: Can I be held responsible for payments on a gift my ex bought me with a loan she took out while we were together?

I told her not to get it while we were together she is now not paying for it and wants me to take over the payments.

Joel Gary Selik
Joel Gary Selik
answered on Jul 20, 2023

If you did not take out the loan or co-sign, no you are not responsible to the lender.

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1 Answer | Asked in Collections for Florida on
Q: Is there a statute of limitations on collecting Ohio income taxes

Claim is over 15 years and we are now being threatened they are going to attach all financial accounts. Man is 77 years old living on SS. If they take his money he will be on the street

Charles M.  Baron
Charles M. Baron
answered on Jun 28, 2023

Since you are writing from Land O'Lakes Florida, mostly Fla. attorneys will see your post and cannot answer your question. Only an Ohio attorney can do so. In any event, Social Security benefits are generally protected from collection actions, even by the IRS. The gentleman needs to... View More

2 Answers | Asked in Civil Litigation, Collections and Consumer Law for Florida on
Q: What resets the statute of limitations for debt collection?

I was contacted by a debt collector (possible scammer) about a car that was repoed 14 years ago. He threatened to sue me and garnish my wages. After the call, I looked up the statute of limitations in Florida (5 years), but I understand some actions can reset the clock, like accepting a payment... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 24, 2023

You ARE at risk of resetting the limitations period clock if you agree that you owe the debt or do anything that arguably indicates you agree to it. In that event, the creditor (or its assignee/successor) may sue you for account stated, for which there is a 4-year limitations period starting from... View More

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1 Answer | Asked in Collections and Contracts for Florida on
Q: Can I dispute a debt from a collections agency that I feel is unjust?

I was planning on attending university, so I put down a $300 reservation for a room, though around a month later I had to cancel due to financial reasons. When I applied for the room, an email was automatically sent to my student email account connected to the university which had terms stating... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 4, 2023

This is a fairly simple legal issue - either your entered into a valid contract agreeing to the cancellation fee, or you didn't. To enter into such a contract, you would either have to sign it in ink or electronically, or check an on-line box agreeing to terms and conditions that you are able... View More

1 Answer | Asked in Bankruptcy, Consumer Law, Estate Planning and Collections for Florida on
Q: 2006 Judgment Still an Issue--New Developments

01/2003 A credit card debt was acquired by Sarasota CCM and they obtained a judgment in in Illinois.

01/2009 I moved to Florida and three years later they registered the judgment in Florida.

09/2000 They garnished a checking account.

No communication from them between... View More

Charles M.  Baron
Charles M. Baron
answered on May 26, 2023

Three options (other than paying in full): 1. Attempt to settle up, such as by offering X cents on the dollar and/or paying in monthly installments over X number of years; 2. File for bankruptcy if eligible (consult a bankruptcy attorney); 3. Determine if you are judgment-proof and can just let... View More

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