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Florida Collections Questions & Answers
1 Answer | Asked in Collections for Florida on
Q: I just received a writ of garnishment but am presently unemployed. Do I need to fill out the claim or exemption?

Should I contact plaintiff attorney and make payment plan? I do plan on getting another job and do not want my wages garnished.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 16, 2017

The writ of garnishment was served on your former employer, and that employer presently owes you nothing? If so, the former employer will respond to that effect.

But the judgment creditor may very well try again. You should contact them or their attorney (if they are represented), and let...
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1 Answer | Asked in Bankruptcy, Personal Injury, Collections and Car Accidents for Florida on
Q: I'm being sued for insufficient liability auto in insurance for an incident back in 2013. Filed for chapter 7 2015

I was involved in a minor accident in 2013. I had insurance at the time and the claim was paid. But apparently only property damage. I never heard from it again until now. I received a lawsuit noticed from a lawyer suing me and their client's own insurance company for uninsured motorist... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 16, 2017

I believe we answered this but in case not, 1)notify whatever insurance you had back then--may be an injury case, who knows; make copies of what you were served with. A)call them b)email the claims rep c)fax claims rep YOU MUST HAVE CORRECT CLAIM No. for any correspondence, dcalls d) send them... View More

1 Answer | Asked in Immigration Law, Collections and Consumer Law for Florida on
Q: I would like to know if you dont currently have an ssn can a hospital bill or a closed bank account affect your credit?

Or can it go against your name if you just migrated to the united states from toronto

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 8, 2017

Yes, but it might be difficult to make sure the credit report refers to the right person, without a Social Security Number.

1 Answer | Asked in Collections for Florida on
Q: Somebody repoled my car saying I owed 300 can they do that there was no lean it was just a cash pay out I paid cash

I thought I talked them down from 1800 to 1500 I paid them 1500 back in Nov I haven't herd anything no warning nothing just woke up and it was gone they saying I owe 300 that's why they took it there were no papers on a lean or anything I figured it was paying straight cash

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 25, 2017

Evidently you don't have a written contract. Did they sign the title over to you? If so, and if the title doesn't show a lienholder, it is doubtful that they had the right to repossess the car.

1 Answer | Asked in Contracts and Collections for Florida on
Q: Do I have to pay a debt if it is sold to a second party
Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 22, 2017

Yes. If the debt is sold, by your creditor, to a third party assignee, and you have been given notice of that sale, you should pay the third party.

1 Answer | Asked in Civil Litigation and Collections for Florida on
Q: 1of 2.If you win your law suit and you are awarded a large amount of money; then how is the money paid to you?

2 of 2.

Is it paid to your attorneys or you you or both parties??

Are you paid one large payment or several smaller amounts over a period of time?

How does it work?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 14, 2016

If you obtain a judgment, it is paid to you however your attorneys are able to collect it. They may have to obtain a writ of execution or writ of garnishment with which to seize property of the defendant and have it sold.

If there is a negotiated settlement, payment may be structured as...
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1 Answer | Asked in Civil Rights and Collections for Florida on
Q: I got an exemption from the court to stop a wage garnishment but I'm still being garnish when will it stop?

The exemption was granted since nov 17 2016

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 8, 2016

It could be that your employer did not, for some reason, get a copy of the order. Ask your employer if they got it, and if not get them a certified copy.

1 Answer | Asked in Consumer Law, Contracts and Collections for Florida on
Q: My auto finance company has been looking for me since I am 45 days late with my payment. When I called to speak to them

My auto finance company has been looking for me since I am 45 days late with my payment. When I called to speak to them to make arrangements, they advised me that my old apartment complex told them I had been evicted. That information is confidential and private correct? And can I file a suit or... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 16, 2016

No, you probably can't sue. I don't believe it's confidential, and disclosing the fact of your eviction has not damaged you in any event.

1 Answer | Asked in Family Law and Collections for Florida on
Q: I received a call 2 days ago from a Paralegal saying that he will serve me with a Subpoena related to Case # US-120-624

He mentioned that I will be served on Monday Nov 14,2016.I have no idea what it is and how did he got my cell and home phone numbers?

Deborah Bianchi Tracht
PREMIUM
Deborah Bianchi Tracht
answered on Nov 13, 2016

I have no idea. If you get served call me 964-776-2320 and visit my website www.dbtracht.com

1 Answer | Asked in Collections and Consumer Law for Florida on
Q: If my car loan has been charged off, can/will the credit collection agency come take my car or is it mine now?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 25, 2016

You mean "written off"? That's an accounting term which generally means that they don't seriously believe they will ever collect the amount due. But it doesn't mean that they can't try. They can, for example, sue you for the amount due, and/or repossess the collateral (the car, in this case).

1 Answer | Asked in Collections and Consumer Law for Florida on
Q: Can i come to an agreement with the hospital to pay monthly instead of going through this lawsuit?
Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Oct 4, 2016

You can yes but better make sure that their lawyers know that and dont continue with the lawsuit.

1 Answer | Asked in Collections for Florida on
Q: My children that were all minors at the time i signed my lease in Fl. They are both 18 and 20, and the collection agency

Put what I owed in their credit. Can they do that since they were minors when I rented and when I left?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 1, 2016

Unless your children have, after they turned 18) agreed to be responsible for your debt (It appears that you specifically mean your lease payments), not, it is not the debt of your children. Tell the collection agency, in writing, to fix their records.

1 Answer | Asked in Collections and Consumer Law for Florida on
Q: Can a debt collector come to your work to try and collect?
Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Sep 8, 2016

no it is illegal

1 Answer | Asked in Contracts, Civil Litigation and Collections for Florida on
Q: How can I pay him and yet have proof of payment when I am out of the country? a notary public?

I am being sued by a person who claims that I owe him money because he worked on my boat.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 26, 2016

Why not just write him a check? Write on he check "Payment in full of all claimed amounts for any and all work done to [describe boat]." If the check is cashed, you will have a record of that.

1 Answer | Asked in Contracts, Civil Litigation and Collections for Florida on
Q: Can you draw up a paper to have him sign once I paid him out in full?

I am being sued by a person who claims that I owe him money because he worked on my boat. I may have signed a contract to him to confirm this work agreement but I am not sure. I have paid him some of his fees and had him sign receipts to me.

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Aug 26, 2016

yes you should get an agreement in writing the it is paid in full. You know if you signed a contract or not, don't play games with it. Just pay it off and be done.

1 Answer | Asked in Civil Litigation, Contracts and Collections for Florida on
Q: Can he put a lean on my boat, even out of the US. Can I sell my boat if he has not served me with papers?

I am being sued by a person who claims that I owe him money because he worked on my boat. He may have papers that he must present to me in order to go to court. He has not been able to locate me and therefore has served me with nothing.

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Aug 26, 2016

Yes he can put a lien on so I would address the lawsuit before you sell anything. You dont want to illegally sell the boat with a lien recorded with the DMV or a UCC 1 form filed with the State of FL

1 Answer | Asked in Consumer Law, Criminal Law, Civil Litigation and Collections for Florida on
Q: - Is it possible that he may have committed fraud when he referred me to the stores I mentioned below?

I am being sued by a person who claims that I owe him money. He worked on my boat When I would purchase things of significant value, he would recommend that I go to such and such a place to buy saying that I would get a better price if I mentioned his name. I think he would get a kickback from the... View More

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Aug 26, 2016

Same answer as the last, this is not a criminal issue. You are being sued and if you owe money on a contract pay it. Where you got the materials from is irrelevant to the contract.

1 Answer | Asked in Contracts, Criminal Law, Civil Litigation and Collections for Florida on
Q: Did he break a law when I asked him to sign receipts and he signed gibberish?

I am being sued by a person who claims that I owe him money. He did work on my boat in Jacksonville, Florida. I may have signed a contract to him to confirm this work agreement but I am not sure. I have paid him some of his fees and had him sign receipts to me. He deliberately signed gibberish... View More

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Aug 26, 2016

If you had a contract honor it. He also has an argument that he partially performed, being he did work and you paid part, solidifying the contract even if it was or was not signed. This is not a criminal law question though.

1 Answer | Asked in Collections, Contracts and Landlord - Tenant for Florida on
Q: My roommate is going back on a verbal agreement on payment that I also have on text. What can I do?

My roommate, who was not on the lease, agreed to pay me $560 upon moving out. I have it in writing (on text) that she proposed and agreed to that but now she's only offering 200$ is there anything I can do?

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Aug 26, 2016

Sue but it will cost you nearly the $360 difference just in filing fees which you will not get back as there is not contractual provision between you for attorney's fees or cost. It may also raise issues with your landlord about illegal subleasing that you dont want raised.

1 Answer | Asked in Collections and Consumer Law for Florida on
Q: Florida. buy here pay here lot. Behind payments.

I can pay the amount due in 2 weeks. They sent a repo guy to my house and told my child they were going to put a warrant out if i didnt return car. I dont want to return it when i can pay it off in 2 weeks. Can they issue a warrant? What can they do?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 24, 2016

They can repossess the car if you fail to pay when due. If they are unable to peacefully repossess it, they can get a court writ (which your child may have incorrectly understood as a "warrant").

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