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Florida Collections Questions & Answers
2 Answers | Asked in Real Estate Law and Collections for Florida on
Q: HoA sent all docs, notices, statements and assessments to wrong address.Can they claim late fees, collection charges ?

I bought a home in April 2016, knew had HoA and their dues were cleared by title company at closing. They sent copy of deed to HoA which had the address of owner different than the property address. For 2017, HoA sent all correspondence to the property address, where tenant recvd the statements but... View More

Jennifer Isaksen
Jennifer Isaksen
answered on Sep 27, 2017

I'm sorry to say ... many HOAs don't negotiate repayment. Why? Because they don't have to. HOAs dues are hard to defend because the documents are on public record and at the date of purchase, you are presumed to have notice that you have to pay and that late fees, interest and... View More

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1 Answer | Asked in Banking, Bankruptcy, Collections and Consumer Law for Florida on
Q: Time Limit of a debt collector.

I have an 11 year old debt that collectors are still trying to collect on.

James  Turner
James Turner
answered on Sep 24, 2017

Unfortunately, there is no a time limit on a debt collector. State laws govern the length of time when you can be sued on a debt, but, a debt collector can still try and collect a debt that has been barred by the statute of limitations.

1 Answer | Asked in Collections for Florida on
Q: Does the debt to Keiser I owe from withdrawal after a severe car accident get sold to collections or do they levy wages?

I have appealed to their financial board showing all medical bills and doctors notes exceeding the amount they claim that I owe and have only reduced it to 1500.00. I am a single income household with 3 children to care for. Can they still do this?

Jennifer Isaksen
Jennifer Isaksen
answered on Sep 25, 2017

A creditor cannot garnish wages unless they have obtained a judgment against you. Even if that were to happen, in your case it sounds like you may be exempt based upon your income and family status. If you have a lot of debt, bankruptcy may be an option for you to consider to help you get back on... View More

3 Answers | Asked in Civil Litigation and Collections for Florida on
Q: What are the statue of limitations on FL county civil court regarding a previously uncollected relative owed 16k debt?

Brother went to jail and my wife/I maintained his car, insurance, lawyer, etc. and the end bill was about 16k. Not including any interest and such. He has never paid and has never had anything of value until recently. He has purchase a home, pickup truck, and even a boat. I know he will not... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Sep 12, 2017

4 years on a verbal contract and 5 years on a written contract. Based upon the facts that you present I think that you cannot pursue the case. Sorry.

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1 Answer | Asked in Civil Litigation, Collections, Construction Law and Consumer Law for Florida on
Q: In a florida civil court judgment is there a specific method of payment to plaintiff?

Contractor told to stop work due to collusion with claim adjuster placed fraudulent lien on home and was awarded a summary judgment with no specified method of payment, but attorney refused to accept check from insurance company payable to plaintiff wanted check payable to himself yet court record... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Aug 25, 2017

Sorry but your question doesn't quite make sense.

It sounds like you had an attorney and won your case and now have a dispute with your attorney over the settlement check.

You need to hire an attorney to address these questions or work out your differences with your current attorney.

1 Answer | Asked in Collections for Florida on
Q: Hospital bill

I have a bill with a hospital for the deductible of $10,000 I have been paying $50 per month for over a year I have no contract with the colliction agency. Can I pay $20 instead?

Jennifer Isaksen
Jennifer Isaksen
answered on Jul 28, 2017

Absolutely! If you are not on a specific repayment plan, you can pay them whatever you can afford in your budget. Best of Luck! Jennifer

1 Answer | Asked in Small Claims, Collections and Contracts for Florida on
Q: Can a person put a lien on your mobile home in Florida(in a gated senior community) without proof that you owe him money

I had some yard work done on my mobile home. Before he started, he said to just pay whatever I thought it was worth. (I paid for all the plants at the time of purchase). Now he has finished and he give me a bill for $330 (for 16.5 hrs work). I reminded him of his agreement & told him I would... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 23, 2017

Yes, in general, he can. It would be a construction lien (commonly called a "mechanic's lien" in most other states). See Florida Statute 713.010 et seq.

1 Answer | Asked in Collections and Small Claims for Florida on
Q: Small claims court,

How much am i looking to pay, for a small claim of $230. Regarding a bill i got stuck with because new honor of puppy decided not to register and vaccinate puppy. Is it worth it?

Jennifer Isaksen
Jennifer Isaksen
answered on Jul 22, 2017

You will want to check with your local Clerk of Court. Small Claims between $100 and $500 should be $80 filing fee. You will also have to hire a process server or pay the sheriff to serve the summons, which is an extra approx. $50. As you have no contract that would allow you to recover fees,... View More

1 Answer | Asked in Civil Litigation, Collections and Consumer Law for Florida on
Q: Writ of Replevin defendant ordered to obtain an impossible to obtain bond.

I am in Florida. I am the defendant in a writ of replevin case, and at the hearing I was permitted to keep possession of the vehicle but ordered to obtain a surety bond for the value of the vehicle. After contacting several bond agencies, I have learned that this type of bond cannot be... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Jul 22, 2017

Short answer. Yes you can file a motion to modify the bond. That decision is up to the judge.

Additionally this sounds like a complex situation so I suggest hat your hire an attorney to assist you.

1 Answer | Asked in Animal / Dog Law and Collections for Florida on
Q: I gave away a puppy with the promise that she would change the ownership now am being penalized she doesn't want to pay.

She never changed the owner ship so she would not have to pay anything,Since she doesn't want to pay the fine for not putting on her rabbie shots. can i legally get the dog back, and how do i go about it

Jennifer Isaksen
Jennifer Isaksen
answered on Jul 22, 2017

Sounds like you would need to file a small claims against her. The forms and instructions are available on the Clerk of Court website. Best of Luck! Jennifer

1 Answer | Asked in Collections for Florida on
Q: I receive daily harassing phone calls from so-called debt-collectors. How can I make them stop?
Jennifer Isaksen
Jennifer Isaksen
answered on Jul 20, 2017

The Fair Debt Collection Practices Act regulates the time and manner in which a debt collector may contact you. If you take the call, advise that you are unable to accept phone calls from them and ask them to provide all future communications in writing. That should stop the phone calls, but you... View More

1 Answer | Asked in Criminal Law, Collections and Contracts for Florida on
Q: I loaned a person money, 3K in Florida. He transferred car to my name. He has not paid me. Civil or criminal?

He's holding the vehicle, I have title in my name now, he signed it over for collateral if he failed to pay. Hasn't paid, time is up, been a month, which was agreed upon, all verbal, no contract, other than the title change was obviously written. Can I go repossess car (civil) or call the... View More

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

No, it's not a crime to keep collateral when one fails to make agreed-upon payments.

You can repossess the vehicle, if you do so peacefully.

1 Answer | Asked in Collections for Florida on
Q: can bill collectors take a vehicle if its your only trans. if both husb wife on disability?

we have been served papers on a car that was repo 3yrs ago. My husband currently receives disability and I have my case pending with social security. our current car is only worth 3,000 and it is our only possession and transportation to drs app and taking us to hospital. the suit amount they want... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 10, 2017

There is an exemption for an automobile, if that's what you are asking.

"[Florida Statute] 222.25 Other individual property of natural persons exempt from legal process.—The following property is exempt from attachment, garnishment, or other legal process:

(1) A...
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1 Answer | Asked in Collections for Florida on
Q: I feel like a collector has violated a law for calling me over 20 times in a single day. Do I file a complaint with the

collections company itself or somewhere else?

Jennifer Isaksen
Jennifer Isaksen
answered on Jun 6, 2017

Excessive calling may be a violation of the Fair Debt Collection Practices Act and subject to significant monetary penalties. I would recommend that you keep a journal of the calls and schedule a consultation with an attorney to discuss the details of your case and have them serve a Cease &... View More

1 Answer | Asked in Collections and Probate for Florida on
Q: Live in Florida. Mother in law passed away and had credit card debt. Cards were closed. Debt sent to collections.

Both her and father in law were on medicare. Jointly owned their home and 2 vehicles. No life insurance or estate planing. She has no private accounts. Collections want to recover from her estate. What does that mean since she had no private assets. How should this matter be handled?

Jennifer Isaksen
Jennifer Isaksen
answered on May 9, 2017

I'm sorry for your loss!

It doesn't sound like a probate is needed, so I would just inform the creditors that she passed and that there is no "estate."

1 Answer | Asked in Civil Litigation, Collections and Consumer Law for Florida on
Q: What state would have jurisdiction on a wage garnishment? I live in Florida. I work for the federal govt.

Our finance office is in Minnesota and the garnishment is coming out of Wisconsin. Could I use the Florida Head of family exemption? Or any other defense?

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 7, 2017

No, if the judgment was entered by a Wisconsin court, exemptions would be determined by the laws of that state. So you should find out if Wisconsin provides exemptions from the law of the judgment debtor's state of residence (which I assume is Florida).

3 Answers | Asked in Civil Litigation, Collections and Small Claims for Florida on
Q: What can happen to me if I can't pay a court judgment to collect a $6000 credit card debt? I only have a 2013 car.

No money in the bank, I am graduate student--no employment, no other property. I am married.

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

A judgment is merely a piece of paper signed by the Judge that states that you owe a stated sum of money. The Judgment will begin to accrue interest at the current rate of: 5.05% effective on April 1, 2017.

The Judge allows the judgment creditor to seek to garnish wages or bank accounts...
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1 Answer | Asked in Civil Litigation, Collections and Consumer Law for Florida on
Q: a civil cc debt case against me is now listed at "re-closed" in the state of FL. what does that mean?
Andy Wayne Williamson
Andy Wayne Williamson
answered on Mar 28, 2017

The status of a case as closed or open actually relates to an internal function with the clerks office. Thus a file can say closed or re closed and reopened later.

1 Answer | Asked in Collections, Landlord - Tenant and Real Estate Law for Florida on
Q: brokerage collected 2 months rent, paid landlord now checks bounce, brokerage is out almost $4000

the brokerage just collects rent also there are dogs on the premise that should not be there and tenants did not pay animal deposit

Andy Wayne Williamson
Andy Wayne Williamson
answered on Mar 23, 2017

The brokerage may be able to pursue a bad check case through the state attorney's office. Contact the state attorney's office in the county where the checks were written and follow their required procedure.

Brokerage needs to establish a procedure to ensure that checks clear the...
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