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Florida Collections Questions & Answers
1 Answer | Asked in Collections for Florida on
Q: Can someone sue 11 years later with a cancelled check, not given as loan-no promissory note- but just became a loan?

I lived with my ex-boyfriend from 1998-2009 in Florida. In 2001, his mother gave us a check for $10,000, which I deposited in my checking account. I was never told it was a "loan". We didn't have an oral agreement regarding repayment, nor did I sign a promissory note. We broke up in... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 31, 2012

You do not owe. The statute of limitations on contract actions is 5 years from breach, but this is a circumstance where there was no contract, no promissory note. So, the statute of frauds applies. It says that the agreement must be reduced to writing if it is to last more than 6 month, I believe.... View More

1 Answer | Asked in Collections for Florida on
Q: Served with a summons for credit owed have 20 days to file a written response can I call lawyer and make paymemt plan
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 31, 2012

You might be able to call the office of the lawyer and make payment arrangements through a stipulation. If you miss one payment, however, they will be entitled to a judgment against you. Read it carefully and negotiate to your favor, or hire an attorney.

1 Answer | Asked in Collections for Florida on
Q: I have received a judgement in small claims court have to write order for judge to sign for garnishment. Can you advise
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 31, 2012

There is a specific procedure that must be utilized when garnishing wages or a bank account. If you do not do it correctly you will not get anything. Look at the garnishment statutes in Chapter 77 of Florida Statutes and also those in Chapter 222 regarding exemptions. You should hire an attorney to... View More

1 Answer | Asked in Collections for Florida on
Q: What is a fact information sheet?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 31, 2012

A piece of paper with factual information on it. This might be one of the new forms that a judgment debtor has to fill out and file with the clerk.

1 Answer | Asked in Collections for Florida on
Q: I'm in Florida and sold my house to to a person filed bankruptcy in Massachusetts, he owe $150,000 can I get any BACK
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 31, 2012

Many more facts are needed to get an answer to this. Did you finance the purchase? If so, you will want to hire an attorney to get relief from the automatic stay and proceed with a foreclosure. Do not sit on your rights, get an attorney.

1 Answer | Asked in Collections for Florida on
Q: Can a debt collector contact with a debt that is 5-7 yrs old?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 31, 2012

Sure, they can contact, but any threats of suit might be vacant threats. The statute of limitations on contract actions is 5 years from the breach. Tell them that a 57.105 motion will be filed if suit is brought, and that the basis will be the statute of limitations. You have to hire an attorney if... View More

1 Answer | Asked in Collections for Florida on
Q: I sold an RV 4 years ago and they purchaser is with holding the location. He has not made a payment in two years

I sent him a demand for return of the vehicle and explained the vehicle is no longer for sale so if it is not returned it will be a leased vehicle at 100.00 per week. He moved it writhout written consent and what i read was that he could face larceny and other chrges. How do i proceed against him?

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 31, 2012

Hire an attorney for this. Take the contract in for the attorney to review.

1 Answer | Asked in Collections for Florida on
Q: Can a person call stating that if the debtor doesn't come to the phone, he'll send someone(sheriff) to get that person

A person stating he is an attorney called my place of employment stating to my employer that I need to take his phone call regarding a debt or he will send someone that same day to pick me up (a sheriff). He told me he was in the process of having a warrant issued for me regarding a check I made 5... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 31, 2012

This is a deceptive debt collection practice and new rules are coming out. Look it up in the Florida Statutes as to what these people are allowed to do. It is under consumer protection and I forget the precise statute number.

1 Answer | Asked in Collections for Florida on
Q: If a debt collection company files a judgement based on false information and the judge signs off on it can both be sued
Andrew Bresalier
Andrew Bresalier
answered on Sep 25, 2012

The Judge would be protected under such an act, unless it could be shown that there was a bribe or other undue influence. As for the collection company: Unless you could show improper action by the judge, your opportunity to have tried the facts have passed. If it has been less than a month since... View More

1 Answer | Asked in Collections for Florida on
Q: Car reposessed. Credit report shows last payment 2/2006 & charged off 8/2008. Thought they have to chargeoff in 120 day?
Andrew Bresalier
Andrew Bresalier
answered on Sep 25, 2012

There is no requirement that anyone "chargeoff" any debt. Charging off is a tax advantage that some companys do; however, even if they do chargeoff, you still owe it. Often after a chargeoff the debt is sold to a factoring company. Debts appear on a credit report for upto seven years.

1 Answer | Asked in Collections for Florida on
Q: Please help: I received paperwork from Chase Bank in a civil action request for admission to aid in execution

Do I need an attorney?

Andrew Bresalier
Andrew Bresalier
answered on Sep 25, 2012

Tye are trying to gather info about that they can garnish or levy. If you do not answer the questions they can obtain an Order to Compel. If you then do not answer, you can be found in Contempt of Court, which could include fines and or incarceration.

1 Answer | Asked in Collections for Florida on
Q: In a Florida writ of garnishment, how many copies o the fmotion and writs have to be filed?
Francis M. Boyer
Francis M. Boyer
answered on Aug 23, 2012

Well, one for the COurt, one copy to the debtor, one copy for the Garnishee (employer, bank etc...) but you need to serve this on the garnishee with a process server and place the $100 with the court for their fees in responding to your motion to garnish. Be also careful t oattach the list of... View More

1 Answer | Asked in Collections for Florida on
Q: What do I need to do if I got a call to pay a check written back in 2002?

The caller threatened to serve me with legal papers tomorrow if i don't pay today. This is the first time I heard from them.

Is it legal to do what they did?

Francis M. Boyer
Francis M. Boyer
answered on Aug 23, 2012

No idea if the caller even owns the debt and if the check was really yours. Also the suit would probably be barred since it is 10 years old.

1 Answer | Asked in Collections for Florida on
Q: How do I find out the bank of a New Jersey business? Business is in NJ, but I am in Florida
Francis M. Boyer
Francis M. Boyer
answered on Aug 23, 2012

Often times you will have to hire some investigative services for that because you do indeed need a bank's name. Otherwise, you can do a Motion for Post-Judgment and force financial discovery.

1 Answer | Asked in Collections for Florida on
Q: I have a certified judgment and want to garnish wages of a single person. Should I use an attorney?

How much could it cost me?

Francis M. Boyer
Francis M. Boyer
answered on Aug 23, 2012

It all depends on the amount and the true possibility of recovering, collecting from that person.

1 Answer | Asked in Collections for Florida on
Q: I have been unemployed for three years, and got an order setting a case for trial from on of my debtors

Please let me know what I do

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 14, 2012

Attend the trial and defend the case. Hire an attorney. Oh, it was from a debtor, so you are the plaintiff, right? Did you mean one of your creditors? One way out of debt, if you qualify, is to file bankruptcy.

1 Answer | Asked in Collections for Florida on
Q: Do you have a form that I can use in Fort Myers, Florida for a writ of garnisment?

I have a judgment, but the defendant refuses to pay.

Francis M. Boyer
Francis M. Boyer
answered on Aug 23, 2012

A writ of garnishment will do you no good if you do not have a list of assets. Homes, land, cars, or a job? Also look at what has a mortgage on it, what cannot be seized by law because of exemptions before you spend money $188 for a writ, plus $100 court registry, and a process server and some more... View More

1 Answer | Asked in Collections for Florida on
Q: Where can I get a summons response form to use in court?
Robert Jason De Groot
Robert Jason De Groot
answered on Jul 24, 2012

You can't get a summons response form. What you need is called an answer. There are no general forms that you can use to submit pleadings. You have to either hire an attorney, they draft pleadings all the time, or make one up yourself.

1 Answer | Asked in Collections for Florida on
Q: B&T Financial Services called and pretty much pressured me into a payment agreement that I cannot afford. What do I do?
Robert Jason De Groot
Robert Jason De Groot
answered on Nov 14, 2012

File bankruptcy if you qualify. Contact a consumer credit counseling agency and see if they can help.

1 Answer | Asked in Collections for Florida on
Q: What is the proper method of service required for an information request in a garnishment
Robert Jason De Groot
Robert Jason De Groot
answered on Jul 5, 2012

It would be better to tell us what happened so that we can say what the options are. Once a garnishment is initiated, a request to produce can be submitted. Service upon the garnishee is by personal service. Upon the debtor it can be by mail. You may look into a chapter 7 bankruptcy and can learn... View More

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