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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
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
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.
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
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.
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.
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
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?
answered on Oct 31, 2012
Hire an attorney for this. Take the contract in for the attorney to review.
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
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.
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
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.
Do I need an attorney?
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.
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
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?
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.
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.
How much could it cost me?
answered on Aug 23, 2012
It all depends on the amount and the true possibility of recovering, collecting from that person.
Please let me know what I do
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.
I have a judgment, but the defendant refuses to pay.
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
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.
answered on Nov 14, 2012
File bankruptcy if you qualify. Contact a consumer credit counseling agency and see if they can help.
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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