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I went to a merchant (farm store) in Florida and ordered $3 worth of items. Without him saying anything, he charged me $5.30 and gave me the receipt. When I read it he said “it’s $5.30 cause he said there is a minimal purchase requirement with my card (debit card). He then told me to pick... View More 
answered on Mar 11, 2019
It's probbaly not illegal for the store to try and set a minimum for debit card purchases, but it most likely violates the rules they agree to with Visa or MasterCard. But, swiping the card for more than the purchase amount and then telling the customer after the fact might very well be... View More
Good morning, I work for a tree company ran out of Illinois. I had a question as I'm at a standstill on what to do. We have completed work for a customer with a signed invoice and text proof that they have received the insurance money to take care of the emergency tree service we provided. If... View More
answered on Feb 13, 2019
The fact that the customer was paid money by the insurance company doesn't really affect your rights to collect payment for services you rendered. Because the services were made on a property, you may be able to file a lien (a Florida construction lawyer may be able to answer that specific... View More
I RECEIVED A NOTICE FROM THE PINELLAS COUNTY COURT STATING THAT GTE FINANCIAL IS REQUESTING THAT THEY TAKE 25% OUT OF MY WEEKLY PAY FOR A CAR LOAN THAT IS OWED ON BUT THE VEHICLE WAS TOTALLED IN DEC. 22 2017 AND THE INSURANCE PAID THEM WHAT THE VEHICLE WAS WORTH AT THE TIME WHAT DO I DO ABOUT THIS... View More
answered on Dec 12, 2018
There is a judgment against you for the difference between the amount of the loan that you owed at the time the insurer paid, and the amount the insurer paid. The creditor is attempting to garnish your pay to pay the judgment. The first thing that happens is a writ of garnishment is served on your... View More
My father is retired, lives in Florida and receives social security benefits. In 2015 At age 64(was on ssid) he was admitted to the ER in New York (state funded hospital) while on vacation for heart related issues. Had no insurance at the times as he had been placed on social security disability... View More
answered on Oct 9, 2018
Generally, under Florida law, SSI cannot be garnished. However, without knowing why the NY AG sued him and because a state agency is involved, and not a private creditor, the benefits may be able to taken by other means. He should contact his county legal aid office to see if he can get some legal... View More
answered on Sep 26, 2018
You can sue them in Puerto Rico, or hire a debt collector who collects debts in Puerto Rico.
A criminal traffic judgment was reduced to a civil judgment for court costs back in 2013. The court turned it over to a debt collector. Last activity (letter from the debt collector) was October 2017. I believe the debt collector violated the provisions of the FDCPA and the Florida equivalent.
answered on Aug 22, 2018
Civil judgments are valid for 20 years. Arguably, this judgment is not debt as defined by the FDCPA.
I don't know what to do. I don't have money to pay for a lawyer to represent me in this matter and it won't be until later this year before I can get my bankruptcy lawyer paid to get my case filed. In the meantime what can I do to stop the civil suit and possible wage garnishment?
answered on Aug 19, 2018
You can't do anything to stop the creditor from filing the suit, except enter into a payment arrangement.
We paid for a generator installation, and have receipt for initial deposit initialed by electrician on job in cash. 8 months later, accountant for electrician called to say that they had a bunch of accounts showing open balances, including ours. We paid in cash at time work was completed, and have... View More
answered on Aug 4, 2018
You indicate that "we paid contractor in cash 11/22/17", and that you "have receipt for initial deposit". It is not clear that you have a receipt for whatever balance was due after the initial deposit (which I assume you paid "in cash [on]11/22/17"). If so, show... View More
Husband credit is very poor. (credit cards) I am not listed as a card user on any of his credit cards. Creditors are calling the house daily and if he's not here ask to speak to his spouse. How can I protect myself from his financial obligations?
answered on Jul 20, 2018
If you are not an account owner, you are not responsible for your husband's credit card debts.
I won a small claims trial but the debtor will not pay up. It's not a financial issue, they're just slimy, so my best chance to recover the judgment is to subpoena a third party like their landlord or a cash app for this person's bank account(s). I can't find information on how:... View More
answered on Jul 30, 2018
Post-Judgment discovery in a small claims case is governed by Florida Small Claims Rule 7.221. Under that Rule, you can serve the defendant with a Fact Information Sheet Form 7.343 (FAS). The FAS requires the defendant to provide financial information including bank account statements and tax... View More
I haven't recieved any paperwork or been served . I've lived in the same house for 11 years now. They haven't even tried to contact me. How can they get access to bank account when they haven't even told me.
answered on Jul 3, 2018
Sounds like your bank was served with a writ of garnishment. If that's the case, you will receive in a few days a copy of the motion for the writ of garnishment, and the writ, and a notice to you about any exemptions to the garnishment that you might have, as well as a form to ask for a... View More
answered on Jul 2, 2018
They cant take your social security. See a consumer protection attorney if you wish. Document all calls from the collector (date, time, name, what was discussed) and save all letters and other correspondence.
Hope this helps.
Motion For Continuing Garnishment form in the state of Florida. On page 2 of that form, it states, " Plaintiff further moves the court to award the Plaintiff the costs incurred in this Garnishment action in the sum of $___." What cost do I add and/or place in the blank__?
answered on Jun 19, 2018
Every county clerk website has a page of fees. I imagine that you will file the motion in person, so the cost to file the garnishment is $85.00. The sheriff will serve the writ in your county for $40.00. *Make sure you get the garnishee correct.* If the garnishee hires an attorney to file an answer... View More
judgment by default in 2011. Head of the family, 98- year- old mother lives with me as well as three adopted great-grandchildren, ages 7, 6, 4.
My attorney at the time died of cancer and no one was informed, except attorney's at collection agency moved forward, regardless of all... View More
answered on Jun 9, 2018
Show up at the hearing. Bring with you your bank statements, showing where the money on deposit came from. Be prepared to testify as to that, your dependents, and any other income for your household. You should be fine.
Be sure to get an order from the judge dissolving the garnishment,... View More
On behalf of medical provides
side of things doesn't. What are they?
answered on May 27, 2018
None, really. All Florida statutes are available online at flsenate.gov
I am being sued by Capitol One via a collection agency. I never ever opened or signed any agreements with Captiol One or had a CC with them so I do not feel this debt is mine and refuse to pay it. I am currently unemployed and I know this falls into small claims court but I can't afford an... View More
answered on May 13, 2018
Whether you can successfully defend their claims is something no one can tell you without a thorough review of your case. Be prepared for them to request bank statements of yours going back years if you claim the account isnt yours.
Also, if the address on the account statements is an... View More
There asking for much more than I owe. what can I do?
answered on Apr 25, 2018
If they have a writ of garnishment, they first obtained a judgment. To get a judgment they would have had to serve you with process. If they did that, it's probably too late to contest the amount owed. If you are providing more than half of the support of a dependent in your household, you... View More
What is a unvolintary collection?
answered on Apr 23, 2018
I'm not exactly sure! Collection companies are known to use creative means to collect debts and this sounds like it could be one of them. The fact is, a collection company can only call and write demands for payment and if you inform them not to contact you by phone and request that all... View More
I have terminal cancer and only have my homestead, life insurance and I am on Social Security Disability. What happens next?
answered on Apr 20, 2018
Sorry for your situation. There is no way to say without knowing more details. I suggest that you consult with an attorney from your area to go over the full details and then get specific advice.
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