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Florida Collections Questions & Answers
2 Answers | Asked in Collections for Florida on
Q: A credit card company has garnished my wages without my approval. They are taking almost $400.a pay. Can they?
Natalie F. Guerra-Valdes
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Natalie F. Guerra-Valdes
answered on May 1, 2013

If the credit card company obtain a final judgment against you and obtain a writ of garnishment, then, yes, the company can garnish your wages. However, there are exceptions. If you are head of household, you are exempt from garnishment of wages. I recommend that you consult with an attorney... View More

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1 Answer | Asked in Collections for Florida on
Q: Poineer credit refuses to to work with me to settle. how can i get my loasn back to the Dept of Education?
Robert Jason De Groot
Robert Jason De Groot
answered on May 6, 2013

You probably cannot get the loans back to the Department of Education. We do not know the facts. In order for us to answer questions we need to know the facts.

1 Answer | Asked in Collections for Florida on
Q: What is a complaint for forfeiture ?
Robert Jason De Groot
Robert Jason De Groot
answered on May 6, 2013

This is usually the type of case wherein the government is trying to take money or property from you. You need to hire an attorney if you have not already done so.

1 Answer | Asked in Collections for Florida on
Q: Can my social security, military retirement, and va disability be garnished by a debt collection agency?
Robert Jason De Groot
Robert Jason De Groot
answered on May 6, 2013

Not in Florida, retirement and disability benefits are exempt. Speak with an attorney about this. Call for a free consultation.

1 Answer | Asked in Collections for Florida on
Q: How long does a civil judgment last in Florida?

How long does a civil judgement last in Floria?

Robert Jason De Groot
Robert Jason De Groot
answered on May 6, 2013

20 years if it is recorded correctly.

1 Answer | Asked in Collections for Florida on
Q: HOW DO I FILL OUT WRIT OF GARNISHMENT FORM
Robert Jason De Groot
Robert Jason De Groot
answered on May 6, 2013

Get an attorney to do this for you. The solution to legal problems is not always just to find a form and fill it out. There are many pitfalls within trying to garnish someone's wages or bank account. It should be done by an attorney.

1 Answer | Asked in Collections for Florida on
Q: I took a payday loan out via the internet and can not pay it back they kept trying to hit my bank acct so i closed it.

Can I be prosecuted?

Robert Jason De Groot
Robert Jason De Groot
answered on May 6, 2013

They cannot "hit" your bank account without having already prosecuted you civilly. The need a judgment against you in order to legally garnish your bank account. We do not know enough facts, but it is very rare that one can be prosecuted criminally for a payday loan. They threaten all... View More

1 Answer | Asked in Collections for Florida on
Q: Defendant claiming head of household exemotion but garnishment is against due promissory note payments not wages
Robert Jason De Groot
Robert Jason De Groot
answered on May 6, 2013

The exemption would apply if you are trying to garnish a bank account which the defendant can claim has wages in it.

1 Answer | Asked in Collections for Florida on
Q: Student Loan Repayment Options

I have outstanding student loans. I got a call from a collection agency and had to pay $586 and then $100 per month for the next 6 months. I also have other student loans that I am making payment arrangements. I am on fixed income from disability of $981 per month. with rent,medical supplies... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Feb 22, 2013

You have to ask that to the bank that the money is owed to. Student loans are largely non-dischargeable in bankruptcy. So that is not much of an option.

1 Answer | Asked in Collections for Florida on
Q: Just got summons from Midland Funding for 10,000, alot is interest on bill After I tryed to close acc.what now?
Robert Jason De Groot
Robert Jason De Groot
answered on Feb 22, 2013

Read the summons. You probably have 20 days to file a written response to the complaint. Send the original to the clerk and a copy to the opponent's attorney. The amount owed can be a major controversy. Without knowing more, it is hard to tell you what to do.

1 Answer | Asked in Collections for Florida on
Q: A constructive service affidavit has been filed against me. relative to loans paid in full but not to his approval..

Loans were in GA, paid for fractional he is filing against is in FL....been thru magistrate in GA, he was bringing his mother in to lie under oath that she had"mistakedly" mailed the original promissory note to me. Statute in GA says this is equivalent to "paid in full"....he... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Feb 22, 2013

It is nearly impossible to tell what your question is. Did you loan him money? Are you now suing him in Florida?

1 Answer | Asked in Collections for Florida on
Q: Have just been granted a judgment in small claims court. How do I go about getting the funds back?
Robert Jason De Groot
Robert Jason De Groot
answered on Dec 26, 2012

The best way to collect on a judgment is to hire an attorney to do a garnishment of wages or a bank account.

1 Answer | Asked in Collections for Florida on
Q: I have a judgment that was placed on me in 2008 for 8000.00 dollars ,I am on disabilty and cant afford to pay it
Robert Jason De Groot
Robert Jason De Groot
answered on Dec 26, 2012

Disability payments are not subject to garnishment. You might consider filing bankruptcy. Consult with a local attorney.

1 Answer | Asked in Collections for Florida on
Q: Writ of garnishment against a Bank funding a construction performed by a builder company I have a judgement against

I have a judgement against my builder company. he is building a big home down the road from me. I found out the bank who is lending the money to fund the construction for that home and I seved the bank with a writ of garnishment for any funds indebeted to the builder on the construction. the bank... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Dec 4, 2012

You need an attorney to explain this to you. The garnishee must file an answer stating what it is holding for the builder. Do some discovery, move to strike the garnishee's answer. Find out more, hire an attorney for this.

1 Answer | Asked in Collections for Florida on
Q: Can A collection agency/ law firm have a georgia judgement that was issued in 2001, moved to Florida courts in 2009.
Robert Jason De Groot
Robert Jason De Groot
answered on Dec 4, 2012

Yes, they have to go through a number of steps to register a foreign judgment and then collect on it.

1 Answer | Asked in Collections for Florida on
Q: My bank accounts have been frozen by a lawsuit. What can I do, and how much can they take?
Robert Jason De Groot
Robert Jason De Groot
answered on Dec 4, 2012

Without knowing all the facts, it is not possible to give you an adequate answer to your question.

1 Answer | Asked in Collections for Florida on
Q: I have a judgment lien on a house, it sold twice, without my lien being paid. Can I add new owners as new defendants?

I have a case filed against original debtor to enforce execution of federal judgment in federal court, however I need a writ of execution issued against acquirers of debtor-Defendant's judgment lien obligations to me via their purchase of the house from the party that bought it from my... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Dec 4, 2012

You need to get an attorney for this problem. It appears that there has been a fraudulent conveyance and only an attorney will be able to help.

1 Answer | Asked in Collections for Florida on
Q: Can a florida judge attach a judgement to an offshore bank account in caymans. if so how long would it take?
Robert Jason De Groot
Robert Jason De Groot
answered on Nov 6, 2012

Florida judges have no jurisdiction outside of the state. More facts are needed in order to advise on this issue.

1 Answer | Asked in Collections for Florida on
Q: Can a wage garnishment be upheld in FL if the judgment was issued in VA? Which state's laws will apply?
Robert Jason De Groot
Robert Jason De Groot
answered on Nov 6, 2012

We need to know more facts in order to answer this question. A VA judgment can be given full faith and credit in FL. Where does the defendant reside? Wages of a head of family cannot be garnished in Florida, it is a debtors haven. Look at F.S. Chapter 222.

1 Answer | Asked in Collections for Florida on
Q: I am custodian to a UGMA account. A Garnishment order against me has been filed against this account . is the asset

Does the creditor have authority to attach this asset. The account is in a 13 year old childs name.

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 6, 2012

It is not yours and should not be garnishable. You must move to have the writ of garnishment dissolved. Get an attorney in your area for this.

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