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.
answered on Jul 20, 2023
If you did not take out the loan or co-sign, no you are not responsible to the lender.
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
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
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
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
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
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
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
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
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
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".
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
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... View More
Hiding the car and the leasing company can't repossess. My daughter is now incurring the bad credit. What can she do?
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.
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
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.
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
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
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
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... View More
answered on Feb 28, 2023
Consult with experienced attorneys.
Use Justia search to find an attorney. https://www.justia.com/lawyers
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.
Never sign contracts app
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.
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
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
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.
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.
Do I go after the owners?
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.
Getting sued and only have 14 days to respond in a letter to the Superior Court Of New Jersey
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.
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... View More
answered on Aug 8, 2022
Are you allowed to hire an attorney to go with you to a small claims pretrial conference? Certainly.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.