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Florida Collections Questions & Answers
1 Answer | Asked in Collections for Florida on
Q: I took out a payday loan and couldnt pay it back now they are saying there going to take me to civil court what will hap
Andrew Bresalier
Andrew Bresalier
answered on Dec 21, 2011

1. They will file the case with the Clerk of the Court.

2. You will be served with a copy of the Complaint

3. Depending on the amount, you will either:

a) have 20 days to respond, or

b) have to appear at a Pretrial Conference.

4. If you do not respond or appear...
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1 Answer | Asked in Collections for Florida on
Q: Husband being sued can they get at my money.

My husband is being sued in small claims court by a collection agency. I recently cashed in my 401k but have not cashed the check yet. If I deposit it in a new account in my name only at a different bank can the collection agency/courts get at it? My name was not on the original credit card that... View More

Andrew Bresalier
Andrew Bresalier
answered on Dec 21, 2011

If you name is not in the suit and your husband's name is not on the bank account, it should be safe.

1 Answer | Asked in Collections for Florida on
Q: Can i collect late fees on a promissory note? Please direct me to case law & statues (Florida)
Andrew Bresalier
Andrew Bresalier
answered on Dec 21, 2011

If your Note provides for a "Late Fee" then yes. Otherwise, not. Generally, the interest is considered the late fee.

1 Answer | Asked in Collections for Florida on
Q: Is there a "statute of limitations" of sorts on debt? That is, a period of time where it is no longer collectable?
Andrew Bresalier
Andrew Bresalier
answered on Dec 21, 2011

Florida has several “Statutes of Limitation”. Those not referring of real estate are summarized as follows:

A Florida judgment expires in 20 years.

Non-Florida judgment and Bonds expires in 5 years.

Negligence, Paternity, Injury and Contracts expires in 4...
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1 Answer | Asked in Collections for Florida on
Q: Facing a garnishment for a non dischargable debt. What is the max they can garnish in FL?
Andrew Bresalier
Andrew Bresalier
answered on Dec 21, 2011

20%, but if you have a kid your income is exempt.

1 Answer | Asked in Collections for Florida on
Q: I got a pay day advance loan a few years back but never paid it. Is it considered check fraud if I didn't pay it
Robert Jason De Groot
Robert Jason De Groot
answered on Jul 23, 2012

You need to give more facts. It might be a worthless check charge.

1 Answer | Asked in Collections for Florida on
Q: I live in Bay County, Florida but the motorcycle I want to file a replevin for is in Escambia County. Can I file in Bay?
Andrew Bresalier
Andrew Bresalier
answered on Dec 8, 2011

You can chose to file where the property is located, i.e. Escambia County, or where the holder of the property is located.

1 Answer | Asked in Collections for Florida on
Q: Can a Plaintiff file a replevin for a motorcyle in his/her county or does it have to be where the property is located?
Andrew Bresalier
Andrew Bresalier
answered on Mar 12, 2012

You can chose to file where the property is located, i.e. Escambia County, or where the holder of the property is located.

1 Answer | Asked in Collections for Florida on
Q: If I have received a Subpoena Duces Tecum for Deposition is it too late to hire an Attorney to send an Objection?
Andrew Bresalier
Andrew Bresalier
answered on Mar 12, 2012

You have not provided any information regarding anything except the Depo, so I do not know about it being too late for other issues. However, as long as it is a few days before the Depo, it is not too late to hire an attorney to assist you with that.

1 Answer | Asked in Collections for Florida on
Q: I have a judgement against someone whom I believe is going to file for bankruptcy. How can I get paid?
Andrew Bresalier
Andrew Bresalier
answered on Dec 6, 2011

Chances are you will not receive anything, however I would suggest you file a Proof of Claim, just in case. If there are administered assets you could receive something, based upon how you rank in priority.

1 Answer | Asked in Collections for Florida on
Q: I loaned someone $9,000.00 for bail and legal fees, he said he would repay me when he settled a lawsuit it's settled

He also borrowered a chainsaw that he was using to clean up his parents yard then return it, he didn't return it he cut trees in his yard and now he says it is way in the back of his storage unit and I'll get in when he moves his things out. Its been 3 years and I need it back as I lost... View More

Andrew Bresalier
Andrew Bresalier
answered on Nov 17, 2011

Unless you have a lien filed with his attorney, there is a slim likelyhood that you will received any proceeds from the settlement. I would suggest you send him a certified letter, with a 30 day deadline. If payment is not received, then file suit.

1 Answer | Asked in Collections for Florida on
Q: Is it true that if a debt is over 5 years old, it cannot legally be collected on?
Andrew Bresalier
Andrew Bresalier
answered on Jan 18, 2012

They can still attempt to collect it; however, the Statute of Limitations may have tolled, and they are prohibited for filing suit. This does not mean they may not try though. Also, most items stay on your credit report for seven years.

1 Answer | Asked in Collections for Florida on
Q: Notice of lack of prosecution and notice of hearing on motion to dismiss for lack of prosecution, what does it mean?

Do I have to go to court, or if the collection company does not file any else does it automatically become dismissed?

Andrew Bresalier
Andrew Bresalier
answered on Jan 18, 2012

I would suggest you go to court. If opposing counsel does not go to court, the case will be dismissed. However, if the debt is collateralized or the Statute of Limitations has not tolled, you are not released.

1 Answer | Asked in Collections for Florida on
Q: I have a civil case against me filed in South Carolina, I now live in Florida. Can my income be garnished?
Andrew Bresalier
Andrew Bresalier
answered on Mar 12, 2012

If you are a Head-of-Household (i.e. got kids), you income cannot be garnished. However, that will not stop them from trying. You must claim the exemption.

1 Answer | Asked in Collections for Florida on
Q: I just had a collection placed against me from an old landlord of a business space I rented out almost 4 years ago.

They are claiming that i owe them $32,000.

Francis M. Boyer
Francis M. Boyer
answered on Aug 23, 2011

In this case you should not delay and seek assistance to proving/disproving the total amount you owe, if you even owe the debt.

1 Answer | Asked in Collections for Florida on
Q: Do i nees a lawyer to collect on a judgement or to execute judgement
Francis M. Boyer
Francis M. Boyer
answered on Aug 23, 2011

Probably yes in particular if you try to collect on an individual.

Collecting a judgment can be harder and is full of laws and regulations that actually PROTECT the debtor, especially an individual.

1 Answer | Asked in Collections for Florida on
Q: Someone owes me $7000.00. Should I get representation. I've already lost $2000.00 up front in Small Claims Court.
Andrew Bresalier
Andrew Bresalier
answered on Aug 10, 2011

Representation by an attorney is not required, however an attorney will be more knowledgeable about the law and be able to apply methods that you are not aware of.

1 Answer | Asked in Collections for Florida on
Q: What is a civil lien in the state of Florida imposed by a judge
Francis M. Boyer
Francis M. Boyer
answered on Aug 4, 2011

You might be talking about a constructive trust which would operated as a lien on a property and this will be entered by a judge.

You may also talk about a judgment lien which is registered with the State by the Creditor.

2 Answers | Asked in Collections for Florida on
Q: Got writ of garnishment from FL. I had no idea This was happening. How to contest this. I Live in AZ. Details below:

Suprised that Bank garnished $31k entirety of chking & 75% of savings..found that ex-wife had judgement from NH. Had no notice of this or judgement. These were funds obtained from 2 years of Unemployment...that ended last year I'm also on food and medical assistance in AZ and... View More

Andrew Bresalier
Andrew Bresalier
answered on Jul 18, 2011

Though the case is in Fl, it is NH exemptions will affect the levy. The writer should put his question in the NH section.

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2 Answers | Asked in Collections for Florida on
Q: Unreturned deposits

I have approx 2k lodged with a mangaement company for looking after my home in Florida, he has closed the doors without notice and will not answer calls, as far as we can tell he has not filed for bankrupcy he has just had enough how do i go about getting my money back

Andrew Bresalier
Andrew Bresalier
answered on Jul 18, 2011

Review your contract. It should list the method for requesting the deposit. If after following the terms you do not receive the refund you may have to litigate the matter.

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