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Florida Collections Questions & Answers
1 Answer | Asked in Banking and Collections for Florida on
Q: Will you have to pay back a check after you’ve cashed it if you weren’t supposed to receive it?

I received a check from Collier County school Board I cashed it and that I was called two weeks later and they told me it wasn’t supposed to receive the check and now they’re demanding that I pay it back or face legal repercussions.

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 15, 2021

Yes. You knew you weren't supposed to receive the money.

3 Answers | Asked in Collections for Florida on
Q: Apartment complex I owe a debt of $3000 won't send written form until I pay the debt.

I need to pay this debt off, but dont want to pay if nothing is in writing, Complex is refusing to do so.

$3000 is a lot to pay on trust.

Tom Murphy
Tom Murphy
answered on Mar 24, 2021

See if you can approach them personally with a cashier's check for $3000 in hand. Tell them you will give it to them if they give you the letter.

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1 Answer | Asked in Collections and Small Claims for Florida on
Q: I did some work on a yacht ($300) and found out the owner sold it and never paid me. What can I do? Is it even worth it?

I found out Friday afternoon the owner had an offer on his boat and was closing the following Monday. I told the yacht broker about the situation and he said to email him the invoice ($300) and he would take care of it at the closing. Of course he never did. Is there anything I can do? Is it even... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 23, 2021

You may sue whomever you did the work for in small claims court, and you could first try sending a demand letter stating you will file in small claims court if not paid. Whether it's worth your time is a question only for yourself to answer. You'd have to find out from the Clerk's... View More

2 Answers | Asked in Criminal Law and Collections for Florida on
Q: I just recently discovered that I have a warrant in Harris County, Texas for larceny. I lived in FL since 2015.

This resulted from a $30 check written at a Houston supermarket in 2015. The check was NSF and I had no idea because I moved. I contacted Harris County Sheriff, but no info can be obtained over the phone. Do I have to return to Houston and turn myself in to resolve this?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 17, 2021

Contact a Texas attorney to get the case resolved.

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1 Answer | Asked in Contracts, Civil Litigation and Collections for Florida on
Q: Repossession of motorcycle that I do not have

I had a motorcycle up for repossession 2 years ago . It was parked on the side of my townhouse (no garages). It eventually was gone. Now almost a year and a half later I’m getting calls from collectors and repo saying they’re looking for the bike? I am very confused. I do not have it, and have... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 14, 2021

Seriously? Your bike was stolen. If it had been repossessed, you'd know it. Now, instead of the creditor getting the bike back, selling it, and applying the sale amount to your loan, the lender (creditor) will probably sue you for the entire amount of the loan.

1 Answer | Asked in Contracts and Collections for Florida on
Q: Hello. I signed a contract with a Gym and I'm under 18. I want to cancel the membership and the contract with no penalty
Charles M.  Baron
Charles M. Baron
answered on Mar 10, 2021

You didn't ask a question. I assume, however, you would like to know if you can "cancel" the gym membership without potentially being sued for the balance due on the contract. Minors have no legal capacity to enter into contracts (unless they have been legally emancipated). If you... View More

2 Answers | Asked in Collections for Florida on
Q: Scam email threats me over debt collection and go court and lose my job and try arrest me?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 22, 2021

Unscrupulous debt collectors have unlawfully used threats of incarceration for many years, trying to scare debtors into sending them some money--any amount--which should not EVER be done before talking to a Florida lawyer.

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1 Answer | Asked in Collections for Florida on
Q: My medical bill for $1100 was in collections who sold to a debt buyer for $500 and taken off my credit report, do I owe?

If it was sold to a debt buyer do I even need to pay the bill they sent me?

***EDIT TO QUESTION: I was told that medical bills aren't supposed to be put in collections in the first place, due to HIPAA regulations?

Thank you for your responses.

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 2, 2021

Yes. You owe $1100.00 to the debt buyer. The buyer bought your debt, and it now owns your bill. The amount it was bought for is immaterial.

2 Answers | Asked in Collections for Florida on
Q: Do I owe payment to a creditor for my deceased father from 4 years ago.

My dad, who was a lifelong resident of GA, had a small trucking company in Savannah that he liquidated and closed in January of 2015. He was diagnosed with terminal cancer and passed a year and a half later on 6/17/2016. As his executor, and a resident of Florida since 1983, I honchoed his meager... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 29, 2020

I cannot see how you could be held personally liable for this alleged debt. You were not a personal guarantor of the company's obligations to Comcast. However, it is possible that if he guaranteed the obligations, that his obligations were binding on his heirs.

At most, the statute of...
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1 Answer | Asked in Collections for Florida on
Q: I have an account that was placed in collections when all payments are up to date, the company doesn't know why

What are my options on this?

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 14, 2020

Call the creditor, ask to speak to a manager. BE NICE. The minimum wage 20 year old who answers the phone is not responsible for the issue and probably nothing on his or her information screen would tell him or her why your account is in collection. Calmly explain that to the best of your... View More

1 Answer | Asked in Collections for Florida on
Q: In Florida, is it legal for a Repo man to move another vehicle, to gain access to the vehicle they want to repossess?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Nov 30, 2020

Yes, especially if it appears that the owner of the car they are looking for is trying to prevent them from getting to it.

1 Answer | Asked in Collections for Florida on
Q: PLEASE EXPLAIN. A Plaintiff dissolution of continuing writ of garnishment?
Barry W. Kaufman
Barry W. Kaufman
answered on Nov 10, 2020

It means that the plaintiff dissolved, or terminated the continuing writ of garnishment. If your pay was being held, it won't be held anymore.

1 Answer | Asked in Collections for Florida on
Q: Doctor stopped billing me 6 months ago so I don't know what I owe. I've asked for a bill but they wont send one.

I had heart surgery in 2017, The charge from the anesthesiologist was part of my deductable so I have been paying monthly. Should I stop paying? will this show on my credit report?

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 21, 2020

Hard to say what you should do - I assume that they are cashing your payments. The only thing that makes sense is that their records are inaccurate and they don't want to send you a bill that's inaccurate. But that's just a wild guess.

1 Answer | Asked in Small Claims and Collections for Florida on
Q: If i signed a written agreement is there a way to cancel it? Or is it a done deal?

If i signed a written agreement but havnt made a payment, is there a way to cancel it or once its signed is it a done deal? It was for a old bank account about 8 or more years ago

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 14, 2020

Not possible to tell without more info and a copy of the documents you signed.

3 Answers | Asked in Civil Litigation, Consumer Law, Contracts and Collections for Florida on
Q: Bank can’t repo lost (not stolen) vehicle.

My fiancé and I got a vehicle together (both co-buyers on the loan). We ended up not being able to make the payments and we’re going to voluntarily give it back to the bank. It was this big ordeal and the bank wasn’t letting me set up a time for someone to either come pick it up or for me to... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 6, 2020

Nothing goes away. You should inform the bank about this so that it can take any action it deems necessary for them to track down the vehicle and take possession of it. If the vehicle is repossessed, it will be sold at auction and the proceeds applied to your loan balance. However, there is no... View More

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2 Answers | Asked in Collections for Florida on
Q: I have a judgement against a person that I lent money to (over $10,000). I don’t know how to collect.

I paid an attorney to handle this case. He obtained the judgement then told me that he couldn’t find her, even though she had attempted to see him. He admitted this to me, then later changed his story.

After I received the judgement, he told me that I was on my own as far as collection.... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 27, 2020

Your judgment is good for 20 years. Apparently your agreement with him was to.obtain the judgment, which he did. You weren't taken advantage of, and there's nothing anyone can do to force someone to voluntarily pay a judgment. In fact, all your debtor has to do is file bankruptcy and... View More

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1 Answer | Asked in Criminal Law, Civil Litigation and Collections for Florida on
Q: My mom received a phone call from a "private number" saying someone filed a complaint about me.

Last night 9/23/2020 around 4:30 p.m., some private number called my mom and asked for me, she told them I haven't lived there in 15 years and the lady on the other line said that someone filed a complaint about me or on me and that I needed to call an "888" number with a... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 24, 2020

That's not the way the civil court or the criminal court system works. Sounds like a scam or at least shady.

1 Answer | Asked in Collections and Probate for Florida on
Q: Need help with probate debt

I have an open probate in Florida for which I am the personal representative. The estate is owed $1,700 from a country club. They have yet to acknowledge any attempts to collect this debt. We have no one in the Florida area, so small claims does not seem to be an option. The cost of using the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 13, 2020

Depending on the basis of the claim and if you have a contract providing that the prevailing party gets awarded attorney fees, you might consider that option. Or you could assign the claim to one of several debt recovery companies that pursue small claims cases all the time. But, if all else... View More

2 Answers | Asked in Contracts, Business Law and Collections for Florida on
Q: After years of a successful verbal partnership, what steps to take to ensure protection prior to confrontation on $ #s?

Have a verbal contract with years of recorded deposits proving the contract/agreement exists, some email evidence, but after realizing inaccuracies between their accountant's #s and my deposit #s vs our agreement, prior to confrontation or making them aware of suspicion, I need to consult an... View More

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Sep 10, 2020

Aside from your emails you must obtain as much information as possible regarding bank accounts and loans (bank statements, bank forms executed attesting to a partnership and the names of the individual partners, maybe even % of interest) , income tax records for past years, any contracts executed... View More

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1 Answer | Asked in Civil Litigation and Collections for Florida on
Q: judgment collection a small claim court.

I won a judgment in a small claim court. However, the defendant refuses to pay. What I can do? The defendant has a real estate property, but she put an enhanced life estate deed after she was notified of my intentions to sue her.

Should a file a Notice of Lis pendens with the Clerk of the... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 9, 2020

Read the Florida Small Claims Rules, which are on-line. There are rules and associated forms for demanding the judgment debtor to disclose her assets, including bank account data, so that you can then attempt to garnish her account. Many such debtors will not comply with the disclosure demand, in... View More

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