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Florida Collections Questions & Answers
2 Answers | Asked in Business Law, Collections and Consumer Law for Florida on
Q: Im work in collections in FL and my employer wants me to answer this letter from a CA. atty. im concerned if I should.

NOTICE OF DISPUTE OF ENTIRE ALLEGED DEBT

DEMAND TO CEASE AND DESIST UNFAIR COLLECTION PRACTICES

I am concern, should I answer this letter? is my employer letting me take the fall here?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 18, 2018

You didn't copy the entire letter. What specifically demand that your agency cease doing?

No, you aren't taking the fall; you are doing your job. Answer the letter.

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1 Answer | Asked in Collections and Landlord - Tenant for Florida on
Q: I moved out of my apartments and was expected to pay a balance. The collector and I settled.

I paid them and now I am receiving a letter saying that I am due in court to face the apartment complex. Why am I being taken to court if I paid the debt?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 15, 2018

This Hunter-Warfield outfit should have had, in their documentation, proof that the apartment complex sold the debt to them. Show it to the judge in the new case.

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... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 10, 2018

They have as long as they want if the court does not dismiss the case for lack of prosecution. Now that something has been filed in the case a lack of prosecution motion would not be proper.

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1 Answer | Asked in Collections for Florida on
Q: Need help with a car title issue

The title is held by a loan company in Wisconsin. The last payment, before default, was made in January of 2014. Since then, I moved to Florida. The loan company contacted me by mail at my Florida address a few times threatening to repossess the car unless I paid off the loan. The amount they... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 19, 2018

If you were to park it somewhere so that it would be towed, the towing company would have to take care of the problem. Presumably they will send a bill to the loan company and, if the bill is not paid, they would auction it off.

1 Answer | Asked in Collections for Florida on
Q: My car was repossessed on Jan 2nd, 2018, and I received a toll violation dated March 2nd from that car.

I am wondering if it is worth obtaining a lawyer concerning this matter. I was told by the company that my license plate would be destroyed 45 days later if I didn't claim it. I was expecting a letter something stating my car was sold or the plate was destroyed but nothing than the initial... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 8, 2018

Contact the toll authority and give them your documentation that the car had been repossessed and by whom. Copy the company that repossessed the car, demanding that they straighten it all out. And notify the DMV that you no longer own the car, giving them documentation as well.

If the...
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1 Answer | Asked in Banking, Consumer Law and Collections for Florida on
Q: This is financial question, How can I get a car repo report off my credit that’s been there for over 5yrs saying I owe ?

It was my daughters car loan , I moved out of state did not know she stop paying it got repo the co . Auctioned it off they sent supposedly all the paperwork to her but went to wrong address I didn’t know if it till a year later couldn’t get any info about it like beginning ending balances or... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Mar 5, 2018

There is no way to say for sure without first reviewing the paperwork related to the entire situation.

Also, typically you cannot take a record or event off your credit report. A credit report is a history record. Thus good and bad records will go on your record and they stay there.

2 Answers | Asked in Criminal Law, Collections, Legal Malpractice and Probate for Florida on
Q: Is a court order valid if it uses an incorrect case number?

Failure to pay court fines resulting in the suspension of my license. I was released from probation despite not paying the court $324 and now the order to suspend my license has a case number that doesn't match the number from the court's website or the number from my personal documents.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 3, 2018

You could contest the suspension of your license, but before anything else is done I expect that the case number on the order will be corrected. If you are charged with driving with a suspended license, the charges will stick, in my opinion. You received a copy of the order and knew about it.... View More

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1 Answer | Asked in Collections for Florida on
Q: How long does it take for a collection to fall off your credit?
Alex McClure
Alex McClure
answered on Apr 12, 2018

It depends on when the debt was actually incurred and depends on how it is reported. A general answer is 7 years from the delinquency date, however, there are variances to that general rule.

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... View More

1 Answer | Asked in Collections for Florida on
Q: If I had planned to use my tax money to put a down payment on unimproved land, is it safe from a creditors lawsui

I am very low income and provide for my mom and my autistic sister. She receives SSI. I want to stop wasting money on an apartment and build a secure place for me and my family over time. The lawsuit is for $5000 . Most of my tax money is EIC because my sister is disabled. Thank you.

Alex McClure
Alex McClure
answered on Apr 12, 2018

What you use the money for in this instance is of no consequence. You are free to use money that you have as you see fit. If a creditor believes that they have a method of getting to that money, they will likely let you know about it.

If a judgment has been entered against you and they...
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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... View More

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

You can contact your local child support enforcement office.

1 Answer | Asked in Collections and Landlord - Tenant for Florida on
Q: A new owner of a complex I lived in has hired a collection agency and is demanding money I do not owe.

The worst leasing experience ever! I gave proper notice and moved out early. Now the new owners are trying to collect money I do not owe. They have hurt my credit and repeatedly lied.

I left early because of the terrible conditions. I did not sign a lease with the company that is attempting... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Feb 21, 2018

No way to say for sure based upon the information you lost. You need to retain a tenant attorney from the area where the property you reference was located to evaluate the whole situation. If you do not properly respond they can get a judgment against you.

Good luck.

1 Answer | Asked in Collections, Family Law and Child Support for Florida on
Q: From my understanding P.R statue of limitations is over and they still trying to collect, its 5 yrs after her 21

She is 29 now the statue of limitations on arrears is 5 yrs after her 21 birthday, why did they freeze my passport

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 21, 2018

Who is still trying to collect? If you are in Florida, is it the Florida Department of Revenue &/or is it a court case?

1 Answer | Asked in Real Estate Law and Collections for Florida on
Q: Can the Gov take a home from me if I owe Fed student loans that are under an income based repayment plan?

My father died 17 years ago and his farm in PR is still under his name but it is mine. I owe $80k in federal student loans that are under an income based repayment plan with a monthly payment of zero dollars and have to recertify each year. I have zero income and a toddler. If I were to sell the... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Feb 21, 2018

No way to say without reviewing the student loan agreement in detail which is not possible here online.

Check with a legal aid office in your area to see if they will review the agreement for you.

1 Answer | Asked in Civil Litigation, Collections and Consumer Law for Florida on
Q: I received a letter in the mail from civil litigations demanding $1500 or they will sue for an unpaid payday loan 9yr ol

The loan was taken out in 2008 and sold to collections in 2009, according to the Florida statue of limitations they are well past the 5 year time frame given to use the court system and isn't illegal to threaten to sue after this time?

Andy Wayne Williamson
Andy Wayne Williamson
answered on Feb 5, 2018

It is likely not illegal, but the debt is likely unenforceable if past the 5 year statute of limitations. Nothing to do accept to call their bluff. If they do file then attend the hearing and motion to dismiss for being outside of the statute of limitations.

2 Answers | Asked in Contracts, Business Law and Collections for Florida on
Q: Florida: Answer to complaint for non payment of promissory note to buy LLC member interest. Affirmative defenses

Selling LLC member created situation for company that was hurting company. No option but to buy member's interest as company was fading in an effort to save the company. Basically the buying member was under duress. Can affirmative defense of Unclean Hands be introduced into complaint answer... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 2, 2018

"Unclean hands" is generally only a defense to a request for a remedy in equity. I believe this complaint, upon a promissory note, is an action "at law" as opposed to "in equity". So no, not in my opinion.

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1 Answer | Asked in Bankruptcy and Collections for Florida on
Q: What lawyer would I need if the bank who held the mortg is NOW asking for money discharged in bankruptcy ~ 7 yr ago

We are in our 7th year of a total bankruptcy charge off, which did included the mortgage on the house which we lived in.

I recently ran my credit report and saw where the mortgage company has recently placed a negative hit on my report for not paying "late payment" bills that they... View More

Cristina M. Lipan
Cristina M. Lipan
answered on Jan 23, 2018

A mortgage is a secured debt that does not get discharged in bankruptcy. Was there an unsecured portion that was discharged and they are now trying to collect or are you referring to the secured amount? You should consult with a bankruptcy attorney first, to determine whether the debt they are... View More

3 Answers | Asked in Collections and Consumer Law for Florida on
Q: How do I get medical collections bill off credit report?

had a medical bill of $3,200 back in December 2015. Set up a payment plan as I was unable to pay it in full. Paid 2 payments (on time) and it was never deducted off of the total (never marked as received although the $400 was taken out of my bank account and I have proof) and it ended up going to... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Jan 18, 2018

From you post, you state you owed $3,200.00 agreed to make payments and made only two payments and then apparently failed to pay and went to collections. Unless there is more details, your credit report correctly reflects that you owe the debt. If you are wanting the credit report to show that... View More

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1 Answer | Asked in Consumer Law, Contracts, Business Law and Collections for Florida on
Q: how do i stop fraudulent charges against my credit

i had an predetermined cash price for a specialist doctor visit since i could not afford to pay full office price . upon completion of visit i paid in full for that visit. i since have received multiple bills with different pricing that i still owe for visit. i have tried contacting , but got... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Jan 18, 2018

There is not enough information to say what course of action you should take. Your steps so far seem reasonable you just have to be persistent to argue your position to the proper party at the doctors office.

Good luck.

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