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Florida Collections Questions & Answers
1 Answer | Asked in Collections for Florida on
Q: If there is a lien against my home by a company that I own and then the tax office puts a lien on too who gets paid firs
Robert Jason De Groot
Robert Jason De Groot
answered on Jul 5, 2012

The homestead is exempt from the claims of creditors in Florida. One of the beauties of Florida law. If you own a company that has a lien on your home, the lien may be invalid. Which tax office? If it is the county property appraiser and you owe local taxes, the amount owed should be paid.

1 Answer | Asked in Collections for Florida on
Q: Order dissolving writ of garnishment in 1977. now it reappear . the best solve ?
Robert Jason De Groot
Robert Jason De Groot
answered on Jul 5, 2012

You need to give us some facts in order to get an answer. Do you mean that another garnishment has been started? A final judgment is only good for 20 years in Florida, at most.

1 Answer | Asked in Collections for Florida on
Q: Ford motor credit repoed my car after finicial burdens now they are suing me for twice the omount owed what can I do
Robert Jason De Groot
Robert Jason De Groot
answered on Jul 24, 2012

You need to hire an attorney. You may even consider filing bankruptcy.

1 Answer | Asked in Collections for Florida on
Q: What is the statute of limitations on credit card debt collection in florida
Robert Jason De Groot
Robert Jason De Groot
answered on Jul 5, 2012

The S/L on contract actions in FL is 5 years.

1 Answer | Asked in Collections for Florida on
Q: Is their a standard form in the state of florida to answer a civil summoms

. i have been served with a summons regarding credit card debt

Robert Jason De Groot
Robert Jason De Groot
answered on Jul 5, 2012

No. There are many forms for different types of suits in the rules of civil procedure, but none for answers. You may wish to just generally deny the allegations in the complaint. You just have to show up in small claims court and deny the amount or the liability and get a trial on the matter.

1 Answer | Asked in Collections for Florida on
Q: How do I claim money that was on a dormant account and was transferred to the State of Florida
Robert Jason De Groot
Robert Jason De Groot
answered on Jul 24, 2012

Contact the Unclaimed Property people in Tallahassee. Go to the unclaimed property website and sign up. If it is being held by the State, you have to contact them and fill out an application. You may need to file a probate if the owner is now deceased and you are an heir.

1 Answer | Asked in Collections for Florida on
Q: If i got a letter to go to court for a credit card dept do i need a lawyer
Andrew Bresalier
Andrew Bresalier
answered on Feb 28, 2012

It sounds like you received a Notice for a PreTrial Conference. This is a Small Claims matter. Living People, vs. business entities, are not required to have an attorney is any matters; however, sometimes things can be complicated and an attorney is recommended. For this, you should not need an... View More

1 Answer | Asked in Collections for Florida on
Q: I HAVE A 19 YR OLD JUDGEMENT FRON A BANK THAT CLOSED MANY YEARS AGO. I NEVER KNEW I HAD THIS JUDGEMENT UNTIL NOW A COLLE

A COLLECTION AGENCY JUST CONTACTED ME AND SAID THEY WERE GOING TO FREEZE MY BANK ACCTS AND TAKE MY MONEY, CAN THEY DO THAT. BY THE WAY I NO LONGER LIVE IN THAT TOWN OR COUNTY. I WAS NEVER NOTIFIED ABOUT THIS JUDGEMENT NOR HAS IT EVER SHOWED ON MY CREDIT REPORT. ILOOKED IT UP AND IT IS THERE, FROM... View More

Andrew Bresalier
Andrew Bresalier
answered on Mar 12, 2012

Judgment in Florida are good for upto 20 years. Even though the original Plaintiff may no longer exist, usually the judgment is assigned to someone new. You only have a year left.

1 Answer | Asked in Collections for Florida on
Q: Can I be arrested for an unpaid pay day loan
Robert Jason De Groot
Robert Jason De Groot
answered on Jul 5, 2012

No, you cannot be arrested for that.

1 Answer | Asked in Collections for Florida on
Q: If a creditor holds your Bank Account, How long can they hold it in the State of florida

A collection group has put a hold on my bank Account, I would like to know how long will that hold be

Robert Jason De Groot
Robert Jason De Groot
answered on Jul 5, 2012

You probably need an attorney. Each case is different and each case demands the personalized attention of an attorney. Was a garnishment filed? If so, there are things that must be done for you if applicable to your situation. You may be able to claim head of family.

3 Answers | Asked in Collections for Florida on
Q: Can i be garnisheed for a hospital bill ? i only have social security income
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Feb 19, 2012

I don't practice in your state but I have practiced Social Security disability law for 35 years. I can tell you your Social Security disability check is exempt from garnishment. However, if that check is deposited in an account with other monies it may lose it's SS identity. If you... View More

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1 Answer | Asked in Collections for Florida on
Q: I received a notice from a debt collector concerning medical bill from over 10 years ago is there a limit on this?
Andrew Bresalier
Andrew Bresalier
answered on Feb 2, 2012

Yes, there is a limit of four years from them ability to sue you, and a limit of seven years to report it to the credit bureau, but they can ask you to pay forever.

1 Answer | Asked in Collections for Florida on
Q: Are annuities protected from creditors in the state of Florida?
Robert Jason De Groot
Robert Jason De Groot
answered on Jul 5, 2012

Yes. See Florida Statutes Chapter 222

1 Answer | Asked in Collections for Florida on
Q: I have a judgement in Florida, can I charge a monthly late penalty in addition to statutory interest while I collect?

I won a judgement against a loser and they haven't paid. I recently received updated information on their whereabouts and would like to begin pursuing the judgement again. When calculating a total owed, can I add a late penalty monthly for non-payment in addition to the statutory interest... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Jul 5, 2012

No. You can only charge the statutory interest. You must properly record the judgment, if you haven't already done so.

1 Answer | Asked in Collections for Florida on
Q: Can collections lawyers come after my checking account?
Andrew Bresalier
Andrew Bresalier
answered on Dec 6, 2011

Yes, however they must first have a Judgment.

1 Answer | Asked in Collections for Florida on
Q: My husbands assetts have been frozen which include my back-pay from SSD. What form do I file with courts to get it back
Andrew Bresalier
Andrew Bresalier
answered on Dec 21, 2011

You should file an Objection to Garnishment/Levy. The form should have been included in the materials forwarded to you from the party seizing the account. If not, it should be available from your court's web site.

1 Answer | Asked in Collections for Florida on
Q: Without getting a lawyer how do I get someone to pay back a loan
Andrew Bresalier
Andrew Bresalier
answered on Nov 17, 2011

If you are a natural person (vs. a business entity) you are permitted to represent youself in court. Either way, if you hire an attorney the fees could be rembursed by the debtor. However, in light of the economy, you may wish to make an offer, before litigating.

1 Answer | Asked in Collections for Florida on
Q: I was not billed for a credit card machine for the five years in my possesison.(sp). And did not use it once. Am I liabl

Am I liable. Since they did not send me a bill during this period.?

Thank you. Yesterday evening. A policeman gave me a notice at my home to appear

in court in 15 days. Whereupon I called the law office and they requested a payment

of $1,000.

Andrew Bresalier
Andrew Bresalier
answered on Nov 17, 2011

In Florida our Statute of Limitation (95.11) is four (4) years, however that is not a bar from suit. You have to claim the Statute of Limitation as a defense.

1 Answer | Asked in Collections for Florida on
Q: If you are a Florida resident and at your death you owe money on credit cards what happens?
Andrew Bresalier
Andrew Bresalier
answered on Nov 17, 2011

If there is a judgment, they will collect at the sale of your home. If you do not own real estate, it depends on when the charges were made. If there were not recent, or there is no Probate opened, they do not get paid. If there is an other user, listed on the account or otherwise authorized,... View More

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