Ask a Question

Get free answers to your Collections legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Collections Questions & Answers
1 Answer | Asked in Collections for Florida on
Q: How does being head of household affect wage garnishment?
Andrew Bresalier
Andrew Bresalier
answered on Feb 20, 2011

If you are Head of Household, your wages are Exempt from Garnishment. To be a Head of Household you must provide more than 1/2 of the support for a minor.

Just because you are exempt does not mean they will not attempt to garnish you wages. You must stand up and defend yourself or they...
View More

1 Answer | Asked in Collections for Florida on
Q: If a claim of lien is filed including amounts not due is it still valid?
Andrew Bresalier
Andrew Bresalier
answered on Feb 20, 2011

Unless you object, it will be taken as accurate.

1 Answer | Asked in Collections for Florida on
Q: I want to file a lien against a property my ex-husband has in pasco county, fl. Can a claim of lien form be used
Andrew Bresalier
Andrew Bresalier
answered on Feb 20, 2011

The form can be used, however I would strongly recommend against it, unless you have done your homework. Placing a lien on a property without "proper cause" can result in a suit against you, with your ex-husband being awarded mega damages against you. If you are unsure that you have... View More

1 Answer | Asked in Collections for Florida on
Q: What are the "other exemption" provided by law for Claim Of Exemption And Request For Hearing (Garnishment Of Wages)
Robert Jason De Groot
Robert Jason De Groot
answered on Jul 26, 2012

Florida exemptions are found in the Constitution and in Chapter 222 of Florida Statutes. There are many. Look them up.

1 Answer | Asked in Collections for Florida on
Q: Is it legal for a collection agency to call you every day...even on weekends for a debt that is over 13 years old?
Andrew Bresalier
Andrew Bresalier
answered on Feb 20, 2011

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 the incident,... View More

2 Answers | Asked in Collections for Florida on
Q: How long are the S.O.L for reposession of an auto? What is an example of cause of last action?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2011

SOL on secured debt does not work the same as unsecured debt. With unsecured debt, you don't pay and 4 yrs from the last payment or other action you don't owe it any more. With secured debt, the debt is collaterized by property, and the debt is generally registered with a governmental... View More

View More Answers

1 Answer | Asked in Collections for Florida on
Q: If the person is Nolle Prossed of the charges do they still get to keep the vehicle?

A truck was seized under the Florida Contraband Forfeiture Act but they Nolle Prossed the felony,

Robert Jason De Groot
Robert Jason De Groot
answered on Jul 30, 2012

You have to aggressively defend against the forfeiture action. I hope you have been able to get the vehicle back.

1 Answer | Asked in Collections for Florida on
Q: Can your VA disability be garnsihed by the debtor in the state of Florida?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2011

Pursuant to Fl St 222.201 & 744.626, and 11 USC 522(d)(10)(B), VA Benefits are exempt from garnishment 100%. This does not mean that a Creditor will not try to garnish. You must Motion the court, advising them that the funds are exempt.

1 Answer | Asked in Collections for Florida on
Q: As the defendant, how do i answer writ garnishment
Andrew Bresalier
Andrew Bresalier
answered on May 23, 2011

Unless you are objecting, there is no answer required.

1 Answer | Asked in Collections for Florida on
Q: How do I get a garnishement stopped?
Andrew Bresalier
Andrew Bresalier
answered on May 23, 2011

If you have a child your wages are exempt, and you should file an objection. Alternately, if you are a candidate, you can do a bankruptcy.

1 Answer | Asked in Collections for Florida on
Q: I file a judgment for amount of $5,350 in small claims court I won. Can I go with a garnishment?
Andrew Bresalier
Andrew Bresalier
answered on May 23, 2011

First thing to do after obtaining a Judgment: You should enter it into the Public Record of your respective county. That way, if the Defendant tries to sell or give away his land/home, you will have your interest against it secured.

You can garnish the Defendant's wages, but it is...
View More

1 Answer | Asked in Collections for Florida on
Q: I recieved a dissolution of writ of garnishment.I am the defendant in the case. Can I get the money that was garnished ?
Robert Jason De Groot
Robert Jason De Groot
answered on Dec 27, 2014

You asked this question over 4 years ago. Yes, that was the object of dissolving the writ.

1 Answer | Asked in Collections for Florida on
Q: Can a debt collector garnish your wages without proof of the credit card statement?

I have been served a judgement of which I did not sign. I ask for proof of the credit card statement transactions and they can not provide them. Now they are garnishing my wages with out the proof.

Andrew Bresalier
Andrew Bresalier
answered on May 23, 2011

If your wages are being garnished, proof is moot at this point. The lack of a statement should have been raised prior to the entry of the judgment. If it wasn't previously raised, you have lost the opportunity and they can proceed accordingly.

1 Answer | Asked in Collections for Florida on
Q: If a vehicle is morgaged and you are behind in payments can you be arrested for not returning the vehicle
Andrew Bresalier
Andrew Bresalier
answered on May 23, 2011

Vehicles are not mortgaged. In Florida vehicles are owned by you, and the finance company merely has a lien. Though your vehicle can be repossessed, failure to return the vehicle itself is not grounds for arrest. Doing something like Disturbing the Peace / Pulling a Gun / Battery while the Repo... View More

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.