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Florida Collections Questions & Answers
3 Answers | Asked in Collections for Florida on
Q: I had a judgment in 2011 after I lost my house in foreclosure (Florida). How long do they have to collect?

A debt collector just contacted me saying they acquired my debt, and want me to respond. 1)How long do they have to collect?

2) What are my options??

Thanks!

Thanks for the response(s). It was a judgment for money, but the amount they are seeking is ~$17k more than what the... View More

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

There should be a judgment for money, not merely for foreclosure. Assuming there is a judgment for money, or an order for the same, and is registered as a judgment, then the debt collector has 20 years to collect the judgment.

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1 Answer | Asked in Tax Law, Collections and Education Law for Florida on
Q: I am considering settling a school loan debt for less than the amount. How wil this effect next year's taxes?
Barry W. Kaufman
Barry W. Kaufman
answered on Jan 15, 2018

It's possible you could receive a 1099 for the difference of the amount you owed and the settlement amount. That difference is taxed as income. Talk to a tax professional.

2 Answers | Asked in Collections for Florida on
Q: Can a collections agency contact you at work?
Barry W. Kaufman
Barry W. Kaufman
answered on Jan 12, 2018

Yes, unless ypu jave told.them not to.do so. They cannot reveal to anyone else at work who they are, why they are calling, etc.

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1 Answer | Asked in Civil Litigation, Collections and Consumer Law for Florida on
Q: I'm in Florida. Need advice. How do I go about handling a summons I need to respond to for a debt collection please?

I don't want my wages to be garnished. Please help. Thank you.

Mark Siegel
Mark Siegel
answered on Jan 4, 2018

Quite simply, you have 20 days after service to file a response with the court to avoid having a default entered against you. If you take appropriate steps, you should be able to defend or settle the case. Wage garnishment can be avoided.

1 Answer | Asked in Consumer Law, Contracts and Collections for Florida on
Q: I was just served a summons to court over a voluntary repo from 2014. I need advice to move forward. Thank you

They're asking me to pay back $6128.23 which I will have a difficult time paying. Their interest rate was ridiculous amount to begin with as I had less than great credit to begin with. I had it voluntary repossessed because I could no longer afford the payments as I had recently become... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 11, 2018

If you want to avoid a judgment, yes, you have to pay it. If you dont care, dont pay it. Your credit will continue to be damaged with a judgment, and you may be subject to a wage or bank garnishment.

1 Answer | Asked in Collections, Criminal Law and Small Claims for Florida on
Q: Can I take someone to court for money they owe me if they agreed to it in a text message?

Also, if they admitted to a crime in the text messages, can this be used to testify against them?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 13, 2017

Yes, text messages are admissible as evidence under those circumstances.

1 Answer | Asked in Collections for Florida on
Q: Are collections agencies allowed to call me at work?
James  Turner
James Turner
answered on Dec 6, 2017

The Fair Debt Collection Practices Act "FDCPA" prohibits debt collectors from contacting debtors at inconvenient or unusual places. Some workplaces, by their nature, are inconvenient places for debtors to take collection calls. If it's inconvenient for you to take calls at your job... View More

2 Answers | Asked in Collections for Florida on
Q: My wife recently received a letter from Hayt, Hayt & Landau, P.L. to collect a debt. What should we do?

The letter says they "have been retained to collect" an outstanding balance and "an attempt to collect a debt."

Jennifer Isaksen
Jennifer Isaksen
answered on Dec 4, 2017

If you believe the debt is not owed, you should notify them in writing to verify the account. If the debt is owed, you will want to negotiate a payoff or installment plan so you can avoid getting a judgment against you and your credit. If you do not have means to pay and you have lots of debts,... View More

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1 Answer | Asked in Collections, Consumer Law and Elder Law for Florida on
Q: My mother in law who is 82 years old had a credit card she could no longer pay.

Now she is getting sued by the collection agency and received a summons to appear for a pre-trial conference. What can we do to help her as she has no available funds to pay the $2800.00 plus fees on this unsecured loan. The summons states she has to go or have an attorney represent her at this... View More

Mark Siegel
Mark Siegel
answered on Dec 1, 2017

You could go with her. Pretrial in small claims court is mediation. Do not fail to appear or you most likely will be held in default. Your goal - show that she is judgment proof. Social security payments can be exempt. Do not comingle funds. You may be asked to consent to having a judgment... View More

1 Answer | Asked in Personal Injury, Collections and Criminal Law for Florida on
Q: Question: Can you get in trouble for threatening to have relationships with a person's mother?

A friend, Andrew, told me that somebody, Bob, was demanding money from a bill they incurred over a year ago. Bob was allegedly using profanity and making threats to garnish Andrew's wages. I told Andrew that he should have said something to the effect of "you can pick up the check from... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 18, 2017

Only if it was a credible threat of sexual battery (i.e.: rape). I don't see what you suggested he say was anything like that.

1 Answer | Asked in Traffic Tickets and Collections for Florida on
Q: I'm putting in a motion for interest built on my 4 traffic tickets while I was incarcerated? How would I word that?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 10, 2017

"Motion for Interest" perhaps. But the bigger question is why do you want to add interest to the traffic tickets you have to pay?

1 Answer | Asked in Collections and Employment Law for Florida on
Q: subpoena about a case against an ex employer. why am i obligated to attend this deposition?

this lawsuit is over a supposedly defective piece of equipment that no one could ever find any issue with the equipment. customer continued to use to equipment every day, my main question is, my former employer eliminated my job in Feb, 2017 and as well terminated me. i was paid 6 months severance... View More

James  Turner
James Turner
answered on Nov 10, 2017

Unfortunately, the subpoena is a court order and you must appear, regardless of your feelings.

2 Answers | Asked in Collections and Real Estate Law for Florida on
Q: How do I remove a "paid" collection account from my credit reports? I need removed to purchase a home!

How do I remove a "paid" collection account from my credit reports? I need removed to purchase a home! I have reached out to the credit companies and they refer me back to the company that placed this on my report. I've reached out to Comcast who placed this as "paid" on my... View More

James  Turner
James Turner
answered on Nov 8, 2017

This situation is covered by the Fair Credit Reporting Act. File a dispute letter with the credit reporting agency. If they don't correct the error, you have the right to sue both the furnisher of the information and the credit reporting agency.

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3 Answers | Asked in Small Claims, Contracts and Collections for Florida on
Q: We loaned $5500 to a bus assoc on 10/20/14 w/principal to be paid in full 4/20/15. They defaulted, what is our recourse

Our LLC loaned the money to their LLC. They signed a Promissory Note. They agreed to $5,500 with interest from 4/20/15 on the unpaid principal at the rate of 12% per annum. They are a construction contractor so In lui of interest on the first six months they agreed to provide labor to complete... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Oct 27, 2017

Your only recourse is to file a lawsuit on the promissory note in county court to collect the funds, or get a judgment that will entitle you to collect the funds. You will need to hire an attorney in your area to file the lawsuit as you are a corporation.

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1 Answer | Asked in Civil Litigation, Collections and Consumer Law for Florida on
Q: Is It against FL law to repo a car on private property, that has no trespassing signs, and also a GATED Apt Community?

State of Florida

Andy Wayne Williamson
Andy Wayne Williamson
answered on Oct 19, 2017

Typically the repo group just needs to not breach the peace or damage property. If you did not pay for the vehicle they have the right to take it back. From

What you say no laws broken here.

3 Answers | Asked in Consumer Law and Collections for Florida on
Q: What is the proper way to attempt to settle a judgement with a debt collector?
James  Turner
James Turner
answered on Oct 18, 2017

There is no "proper way" to settle a judgment. You should negotiate with the debt collector. Tell them about the strong points of your position and the weak points of theirs. Then, make an offer. Let's see if they respond.

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1 Answer | Asked in Collections for Florida on
Q: Served with civil summons, the amount they are demanding doesn't include payments already made. Respond how?

I made 2 payments they are not being accounted for. I do have proof of payments. What would my response fall under on the form??

James  Turner
James Turner
answered on Oct 17, 2017

If you are being sued for an amount that is in excess of what you owe, then you can sue for violations of state and federal fair debt collection practices.

1 Answer | Asked in Collections for Florida on
Q: Collections calling about a acct that I stopped paying in 2012 on my credit report it's showing closed last payment 2005

They have never called me but they have called 2 other people and one of them was never on any of my accounts or anything of mine?

Jennifer Isaksen
Jennifer Isaksen
answered on Oct 11, 2017

If you stopped paying in 2012, the account may be past the Statute of Limitations for collections. In any event, if a debt collector is calling someone that is not on your account for collections, you and/or they may have a Fair Debt Collection Practices Act claim. The contact should be... View More

1 Answer | Asked in Collections, Consumer Law and Contracts for Florida on
Q: HOW DO I REBUTTAL RIDICULOUS INTEREST RATES ON A PAYDAY LOAN AND THREATS OF SUIT OR "FURTHER COLLECTION ACTIVITY"

IM TRYING TO WORK WITH THEM BUT THEY WANT 80% OF THEIR $3500.00 BALANCE. $2,600.00 WAS THE ORIGINAL LOAN AMOUNT. AND THEY ARE RUDE AND WONT EVEN ENTERTAIN MY OFFER OF $1,139.00. THE GUY SAYS I MUST'VE THOUGHT HE WAS PLAYING WHEN HE TOLD ME THEY WEREN'T TAKING ANYTHING LESS THAN $2,400.00.... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Oct 4, 2017

There is no way to rebut anything via this online free Q&A forum. You need to sit down with an attorney in your area and get advice regarding the whole situation. You may be stuck as you willingly made the loan which is very likely based upon a written contract. The Payday loan people do not... View More

1 Answer | Asked in Consumer Law, Collections and Probate for Florida on
Q: Court Order

Good morning,

My husband received a court order to appear for a pre-trial conference/mediation and I received the order on Saturday 9/30/17.

LVNV Funding LLC (from Credit One) credit card is suing him for $1,147.62. They wanted him to appear that Monday 10/30/17, but he just had a... View More

James  Turner
James Turner
answered on Oct 3, 2017

I am sorry for your current situation. First, I think that you should contact the lawyer on the other side and inform them of the current inability to attend the pretrial conference. However, court staff is overworked and understaffed so I recommend that someone appear to explain you... View More

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