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.

Although you were in Bankrupcy, the Foreclosure can still proceed once a Motion for Relief from Stay is granted. Usually once the Final Judgment is entered in the Foreclosure it is done "in rem" which means against the thing (i.e. the house), not "in personam" against the... View More

Wages from head of household, Social Security, and workmans comp. See Florida Statute Section 222 for greater details

In this case it looks like you have a strong argument for stopping the suit, or even "break" the final judgment. Make sure you can prove that the debt was already paid and also that you notified the debt collection agency. You may also find an attorney to sue the debt collection agency if... View More

I have dealt with them before. If you do pay expect them to sue you.

To avoid this I would suggest you inquire as to who they represent, the account no., and the balance. Once you have this information, you can determine if the debt is actually yours.

Agreement of this nature are not entered into the Public Records, so it is expected that your agreement would not be there. The Statute of Limitation provides that you can be sued upto 4 years from your last transaction. Once a judgment is entered it is good for upto 20 years in Florida. I would... View More

Collection Companies are not known for their tact or intelligence. I would suggest sending them a letter.

If there is a judgment and it has been recorded in the public record of your county, then when you sell your Homestead, after the Property Taxes, Homeowner's Assoc, and Mortgage Company, the judgment will be paid. If you do a Bankrupty, the judgment can be removed via a 522(f) Motion.

There are three basic ways to avoid garnishment:

1) Enter into a payment plan, however you will be paying something.

2) Be a Head of Household (support a minor child) and earn less than $750 net a week.

3) File a Bankruptcy.

Yes. I am seeing this more and more. Second mortgages and Home Equity Loans are proceeding as unsecured loans. This is because there is usually no equity to secure their loans. This can be stopped if you are Head of Household (i.e. have a minor child, for who you provide more than 1/2 support)... View More

It appears that you purchased the vehicle before the dealership was able to record their lien. I would suggest you meet with an attorney, as this involves fraud and criminal issues. There is an argument that you purchased the vehicle as a Buyer in Due Course. Especially if you reviewed the State... View More

An attorney is not required in any small claims action. Actually, having an attorney in a small claims action invokes additional requirments.

The easist way is to ask. You can then verify, or just check on your own at the Bankruptcy Clerk of the Court for the jurisdiction where the Debtor resides. If you are out of the area, you can sign up with PACER, however there is a charge for this service.

If you do not have a child, there is a strong possibility that you wages will be garnished. You should speak with the Creditor, or their attorney, and try to work out a payment plan. Alternately, you may want to see if you are eligible to do a bankruptcy.

No, it does not.

If the Note if collateralized, you can proceed in court with the Note and seek to execute (Seize or Force the sale of) upon the collateral. If the Note is not collateralized, you can still proceed in court, but will then have to try to collect your judgment.

Suits based upon a Note must... View More

Yes, a judgment acts as a lien against your home. However, they cannot force the sale. When you chose to sell your home, all the liens that existed before theirs (i.e. HOA, Taxes, Mortgage) will be paid first, then them, then if anything is left you.

If you qualify for a bankruptcy, under... View More

The pension cannot be "garnished" before you receive it; however, it can be "levied" once the funds are in your bank account.

Yes, but if you do not stand up for your rights they will be trampled. File a Motion to Return Garnished Wages. This will likely require a hearing.

Yes, a collector can try forever to collect.

If a judgment has been issued, they can attempt to execute for upto 20 years.

If no judgment has been issued, the Statute of Limitation on a most matter is four years. This means that if a law suit was not instituted within four years of... View More