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Florida Collections Questions & Answers
2 Answers | Asked in Collections and Small Claims for Florida on
Q: Can I be held responsible for payments on a gift my ex bought me with a loan she took out while we were together?

I told her not to get it while we were together she is now not paying for it and wants me to take over the payments.

Joel Gary Selik
Joel Gary Selik
answered on Jul 20, 2023

If you did not take out the loan or co-sign, no you are not responsible to the lender.

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1 Answer | Asked in Collections for Florida on
Q: Is there a statute of limitations on collecting Ohio income taxes

Claim is over 15 years and we are now being threatened they are going to attach all financial accounts. Man is 77 years old living on SS. If they take his money he will be on the street

Charles M.  Baron
Charles M. Baron
answered on Jun 28, 2023

Since you are writing from Land O'Lakes Florida, mostly Fla. attorneys will see your post and cannot answer your question. Only an Ohio attorney can do so. In any event, Social Security benefits are generally protected from collection actions, even by the IRS. The gentleman needs to... View More

2 Answers | Asked in Civil Litigation, Collections and Consumer Law for Florida on
Q: What resets the statute of limitations for debt collection?

I was contacted by a debt collector (possible scammer) about a car that was repoed 14 years ago. He threatened to sue me and garnish my wages. After the call, I looked up the statute of limitations in Florida (5 years), but I understand some actions can reset the clock, like accepting a payment... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 24, 2023

You ARE at risk of resetting the limitations period clock if you agree that you owe the debt or do anything that arguably indicates you agree to it. In that event, the creditor (or its assignee/successor) may sue you for account stated, for which there is a 4-year limitations period starting from... View More

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1 Answer | Asked in Collections and Contracts for Florida on
Q: Can I dispute a debt from a collections agency that I feel is unjust?

I was planning on attending university, so I put down a $300 reservation for a room, though around a month later I had to cancel due to financial reasons. When I applied for the room, an email was automatically sent to my student email account connected to the university which had terms stating... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 4, 2023

This is a fairly simple legal issue - either your entered into a valid contract agreeing to the cancellation fee, or you didn't. To enter into such a contract, you would either have to sign it in ink or electronically, or check an on-line box agreeing to terms and conditions that you are able... View More

1 Answer | Asked in Bankruptcy, Consumer Law, Estate Planning and Collections for Florida on
Q: 2006 Judgment Still an Issue--New Developments

01/2003 A credit card debt was acquired by Sarasota CCM and they obtained a judgment in in Illinois.

01/2009 I moved to Florida and three years later they registered the judgment in Florida.

09/2000 They garnished a checking account.

No communication from them between... View More

Charles M.  Baron
Charles M. Baron
answered on May 26, 2023

Three options (other than paying in full): 1. Attempt to settle up, such as by offering X cents on the dollar and/or paying in monthly installments over X number of years; 2. File for bankruptcy if eligible (consult a bankruptcy attorney); 3. Determine if you are judgment-proof and can just let... View More

1 Answer | Asked in Collections for Florida on
Q: Does anything in collections, on a credit report, count as a "default determination" The status shows as unpaid.

I'm wondering if I could qualify for a PLUS graduate loam, I have one item in my debts (small unpaid debt) shows status "unpaid" and nothing that says that there is a default determination specifically, which is the language used in the loan requirements that would disqualify you.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 3, 2023

It likely means that the creditor has sent you a communication advising you that the loan is past due and thus "in default". But you might ask the agency which administers the loan (or check the loan application instructions) for what they mean by "default determination".

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for Florida on
Q: Is it legal for my management to threaten foreclosure on me for sending HOA invoices to an incorrect address?

I moved into a condo in Bradenton from New York. My HOA instructions and unique pin for accessing the payment portal was sent to the wrong address for consecutive months. I had asked 3 times for my management to send the paperwork to my new address. For this reason I was unable to pay my dues at... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 27, 2023

These are particularly troublesome issues to deal with because Florida law does not favor owners in these situations and owners are not familiar with dealing with the ins and outs of living in a community association, especially if you are just moving to Florida.

The first thing you...
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1 Answer | Asked in Small Claims, Contracts, Family Law and Collections for Florida on
Q: My daughter cosigned a car loan for an ex. He has since been arrested and hasn't paid. Apparently the girl he was with

Hiding the car and the leasing company can't repossess. My daughter is now incurring the bad credit. What can she do?

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2023

For financial relief she can sue the ex in small claims court. Regarding the car, perhaps she can report it as stolen. Unfortunately her credit is going to take the hit because she cosigned, regardless of these other two possibilities.

2 Answers | Asked in Bankruptcy, Consumer Law and Collections for Florida on
Q: CAN I LEGALLY BE HELD RESPONSIBILE FOR A RETURNED CHECK DUE TO NSF THAT I CASHED AS A MINOR (17Y/O) BY A DEBT COLLECTOR?

When I was 17 years old A relative provided me with a personal check As a gift. And the check was returned due to either non-sufficient funds or some other banking matter from the check writer/issuer's financial institution. A debt collection agency now multiple years later and attempting to... View More

Timothy Denison
Timothy Denison
answered on Mar 23, 2023

No. Any action would have to be against the maker (writer) of the check, not the beneficiary. You have no liability o pay this check.

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1 Answer | Asked in Consumer Law, Contracts, Business Law and Collections for Florida on
Q: Am I able to cancel a Medspa loan if services were not performed?Medspa was emailed within 3 bus days to cxl agreement.

The lender (Cherry Tech) states the medspa was paid regardless of whether I received services, and all cancellations must be approved by the medspa, who does not reply to any of my emails, texts, voicemails, msgs. I have been sending cancellation notices weekly for the last two months, no responses... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 21, 2023

This is mostly a matter of the terms of your contracts with the service provider and the lender. Schedule a consultation with a lawyer in your area who handles consumer law or breach of contract cases, so that the lawyer can review the contracts and the entire situation. A contract can be a... View More

2 Answers | Asked in Collections and Small Claims for Florida on
Q: I missed a pretrial conference and had a judgment entered against me in small claims court. This is for assumed cc debt

I have a few questions about this:

I received the final judgment paperwork, but it is blank, it is not dated nor is it signed by a judge. Is this common, legal, binding?

Additionally, I do not recall this debt. In the summons, I only received a couple of statements with due... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 15, 2023

The judgment is probably conformed. In 22 years of practice, I have never seen a judgment not signed or dated.

Once you default, all the " I don't remember the debt" stuff goes out the window.

You will have a hearing on your claim of exemption. You must prove the...
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1 Answer | Asked in Car Accidents, Child Support, Collections and Identity Theft for Florida on
Q: I have several things that I have endured over the past couple years that I believe could be potential lawsuits differen
Joel Gary Selik
Joel Gary Selik
answered on Feb 28, 2023

Consult with experienced attorneys.

Use Justia search to find an attorney. https://www.justia.com/lawyers

1 Answer | Asked in Collections and Small Claims for Florida on
Q: What if they DIDN'T notify you prior to garnishing your wages? Can I get it desolved because of that?
Barry W. Kaufman
Barry W. Kaufman
answered on Jan 21, 2023

You are not notified prior to the garnishment. You should receive, or have received, a notice of your rights and an exemption form. Make sure the plaintiff's attorneys have your correct address.

1 Answer | Asked in Criminal Law, Collections and Legal Malpractice for Florida on
Q: Ingram maintenance charged membership bank froze account no affiliate to Ingram

Never sign contracts app

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jan 6, 2023

There is not nearly enough information for any lawyer to be able to advise or help you. Retain a banking lawyer.

2 Answers | Asked in Collections, Real Estate Law and Bankruptcy for Florida on
Q: I got sent to court for non payment of timeshare then negotiated for payment plan but was unable to pay that either

Now they are taking me back to court is there any way to protect my assets so they don’t put a lien on my primary residence

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 12, 2022

Hiding assets to avoid creditors is illegal. However, if your primary residence in Florida has a homestead exemption then Article X, Section 4 of the Florida Constitution exempts homestead property from levy and execution by judgment creditors. This means a creditor cannot force the sale of your... View More

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2 Answers | Asked in Civil Litigation, Collections and Real Estate Law for Florida on
Q: Can a creditor of mine put a lien on a house that my wife and I own together? It’s our primary residence.

I am thinking about filling bankruptcy, but I have previously filed (July of 2015). So if I do decide that I need to I have seven months to wait.

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 3, 2022

Yes, a creditor of yours can record a judgment that becomes a lien. What it cannot do is foreclose on the lien. Should you file and your bankruptcy is discharged, this judgment will be discharged and the lien evaporates as a matter of law.

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1 Answer | Asked in Consumer Law and Collections for Florida on
Q: If I have a money judgment against a company that has been dissolved, who do I go after to collect my judgment?

Do I go after the owners?

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 27, 2022

Nope. You don't have a judgment against the owners. Your judgment is (sorry to say because thus is how I make money) not worth the paper upon which it is printed.

1 Answer | Asked in Collections for Florida on
Q: I need a reference for Legal services in New Jersey, How do I accomplish this?

Getting sued and only have 14 days to respond in a letter to the Superior Court Of New Jersey

Barry W. Kaufman
Barry W. Kaufman
answered on Aug 16, 2022

Use the internet to find a lawyer.

2 Answers | Asked in Collections for Florida on
Q: I got a civil action summons, I haven’t responded yet, but this is from 2016 I can’t find the case in public records?

Does this mean There is no case anymore. It said I had 20 days to respond but I don’t know that included weekends now am I too late, will I have to pay in full or can I still respond. The weird thing is I can’t find it in public records search.

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 12, 2022

It is 20 days (not 20 business days).

It must have been filed, otherwise the clerk would not have issued the summons, and a sheriff would not have served it on you.

Florida has different statutes of limitations depending on the cause of action, so that this 2016 date might be...
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1 Answer | Asked in Collections for Florida on
Q: Can I go to pre trail conference with lawyer non criminal
Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 8, 2022

Are you allowed to hire an attorney to go with you to a small claims pretrial conference? Certainly.

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