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Florida Collections Questions & Answers
1 Answer | Asked in Collections for Florida on
Q: not on note but on mortgage

I quick claimed the deed to property to the borrower / note holder. Am I responsible if forclosure takes place? I am on the mortgage but not the note.

Barry W. Kaufman
Barry W. Kaufman answered on May 19, 2020

If the property goes into foreclosure, you'll be a named defendant. If you never borrowed money to purchase the property, you won't be liable for any deficiency.

3 Answers | Asked in Banking and Collections for Florida on
Q: Since 2016 my loan payment has been made (accidentally) from a stranger's account within my same credit union.

They called today and said they just realized this. I have been getting notices every month saying the payment was made. But now they tell me I wasn't making it and want me to pay it all back. I'm devastated. I need a new car and will have to make two payments. I have lots of out going... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on May 5, 2020

What's your question? In round numbers, somebody paid 36 months of your loan payment, and in 36 months you never realized that the payment wasn't coming out of your account? Yes, you need to pay it back. You never paid it in the first place.

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2 Answers | Asked in Collections and Probate for Florida on
Q: I have a final judgment on an ex. He owned property but signed QCD to girlfriend days before recent death. Can I collect
Seril L Grossfeld
Seril L Grossfeld answered on Apr 24, 2020

That may depend on whether the judgment was a lien on the real property. In order for the judgment to be a lien on real property you have to have had recorded a certified copy of the judgment on the public records in the county where the property is located. This serves as a lien with limited... Read more »

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4 Answers | Asked in Contracts and Collections for Florida on
Q: I joined a gym and was told it would be month by month and not a year long contract. I'm now being told it was year long

When I joined the gym they told me it was a month to month thing and not a year long contract. In fact I was told that this specifically was not a contract. I was not shown a contract nor did I receive a copy of anything. In January I stopped attending the gym and didn't update my payment... Read more »

Jeffrey Snyder
Jeffrey Snyder answered on Apr 6, 2020

Do you have a copy of the contract that you signed? If not, get a copy and go from there.

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2 Answers | Asked in Contracts, Civil Litigation, Collections and International Law for Florida on
Q: Can an American living in Germany be successfully sued or have collections put against them from someone in the states?

Im an American living in Germany and do not plan to return to the states. I signed a contract with a company out of Florida regarding medical consulting in relations to a claim with the Veterans Administration (Im a vet). The company did not do as advertised and thus we are in a dispute over... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Mar 30, 2020

Of course you can be sued. The creditor will have to jump thru some hoops to get you served in Germany though. But regardless, once you are served, its just like you lived in the states. If the creditor obtained judgment, and wanted to enforce the judgment, it would have to go through a process to... Read more »

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2 Answers | Asked in Collections for Florida on
Q: Do I have to return a Fact Information Sheet sent to me by a debt collector from a case entered in 2012?

On March 21, 2020, I received a letter from a debt collector saying the following:

"Pursuant to Florida Rule of Civil Procedure 1.977 and the Final Judgment entered on January 10, 2012, please return the completed Fact Information Sheet to our office within 30 days from the date of... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 22, 2020

Yes, you have to complete and return the fact information sheet. If you fail to do so they can seek an order holding you in contempt of court.

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2 Answers | Asked in Contracts and Collections for Florida on
Q: Can a person, who is not named in a summons, refuse to accept service?
Barry W. Kaufman
Barry W. Kaufman answered on Mar 4, 2020

Certainly someone unrelated to the defendant can refuse. Probably need more facts and unless your question is one of idle curiosity, the person refusing should probably consult his or her own lawyer.

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2 Answers | Asked in Collections and Stockbroker Fraud for Florida on
Q: Is it illegal to purposely overdraft your checking account?

I had $1000 dollars in my bank account, I moved all of it into a investing website, but I accidentally did it twice, and now I'm in the hole for $1000, but I've already invested all the money. I know I can pay it back and the overdraft fees back by the end of the month, am I able to do... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Mar 3, 2020

Its not illegal. You have only a certain amount of time to replace the money. You pay it back as soon as humanly possible whether its against the law or not because the overdraft amount is not your money

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1 Answer | Asked in Collections for Florida on
Q: Is a student responsible for tuition/book fees if the institution (a private) Kiser University, closed down.

The student does not have the money to pay for the tuition. Parent that signed them up (Mother) Divorced and does not make enough money to cover costs as well and does not own a home. Moved to Pensacola approx. 4 yrs ago. The credits are not transferable and now the University closed its doors.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 3, 2020

If you registered, signed an agreement to repay tuition, and actually took any classes offered by Kaiser University you are liable to them--regardless if they closed their doors. On the other hand, you may also have a valid claim against Kaiser University for failing to live up to its written... Read more »

2 Answers | Asked in Collections for Florida on
Q: I have a question about settling a credit card debt.

I have a closed cc with jp Morgan that's over a year old for 5400.00. Today I received a settlement offer from collection agency for $580.00. I know there can be tax implications and it will impact my credit score, but other than that, are there any other negatives for accepting this offer?... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Feb 25, 2020

A settlement offer is that - an offer to settle the account. The offer must be in writing, which I assume it was, judging by your post. If you comply with the offer, they cannot then retract it. You should keep all correspondence, to include your response(s) and a copy of the cancelled check, for... Read more »

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1 Answer | Asked in Civil Litigation, Civil Rights, Collections and Small Claims for Florida on
Q: In Florida, is there a usual or set fee to send a letter of demand on money owed, or does it vary by lawyer or firm?

Have a copy of a hand written agreement by the person who owes me the money & notarized, for a specific amount to be paid per month. (Along with texts of agreement being made and pics sent by them of the letter while being written.) The payments have not been received since the initial payment... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Feb 25, 2020

The fee is whatever you and the lawyer agree upon.

2 Answers | Asked in Consumer Law and Collections for Florida on
Q: What do I do when the plaintiff does not respond?

A debt buyer is suing me in county court. My lawyer has tried to reach out to the debt buyer’s attorney, however there has been no response. This has been ongoing since the middle of November. What are my options? Thank you.

Charles M.  Baron
Charles M. Baron answered on Feb 5, 2020

Why are you searching on-line for your options when you are currently represented? Are you unsure about your attorney's advice? - or has your attorney failed to advise you?

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2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Collections for Florida on
Q: I got sentenced to 10 years on a trafficking charge in 2012, with that conviction was a $100,000 fine. When I went

to prison I filed an appeal. I won my appeal and my conviction was overturned. When I got home from prison I had to start paying on the fine, I've been paying $75 a month for the last 4 years. I know I shouldn't be paying the fine, how do I go about not paying anymore and getting my money... Read more »

Terrence James O'Sullivan
Terrence James O'Sullivan answered on Feb 5, 2020

I think it depends on the appellate decision and what exactly was “overturned”. A lawyer would have to review your file and likely, if applicable, file a motion in court to address the issue. I hope this helps.

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2 Answers | Asked in Collections for Florida on
Q: I won in sm. claims court FL. Not been paid. Defendant has filed countersuit for $10,000 in Canada- can they
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 27, 2020

If you are being sued in Canada-but have never lived there--you might be able to get out of harms way very quickly; but you need to hire a lawyer to help you do it.

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2 Answers | Asked in Collections and Small Claims for Florida on
Q: Years ago I lent some money to a friend. He vanished and recently discovered he is a paralegal in Montana.

The loan was made in California. I live in Florida now. He is Montana. I have sent by certified mail and certified email. I know he got the correspondence. I have offered him payment plans. I have asked him to contact me if there is some issue. He continues to ignore me. I doubt there is much I can... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 14, 2020

You're probably right: there doesn't appear to be anything you can do. You would have to sue him in either California or Montana, and the statutes of limitation in either of those states are probably less than 10 years.

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1 Answer | Asked in Collections for Florida on
Q: Where to obtain key record of a debt filed as default judgment in court in 2003 collectors didn’t respond to prove it?

I doubt the debt filed in court in 2003 belongs to me . Collectors didn’t respond to my two certified letters asking them to send me original contract with the bank signed by me and the original date and amount of the debt at delinquency. It seems that they don’t have those documents because... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 6, 2019

This question is much ado about nothing important. If the debt goes back to 2003 it is uncollectible because of the statute of limitations. These bottom-feeders know that; and that is probably why they will not respond to you. And

whatever you do, do NOT agree to pay them anything--at least...
Read more »

2 Answers | Asked in Collections for Florida on
Q: Hello and Good Morning, Do commercial collection agencies have to disclose all fees being charged to the debtor in FL?

Our business was placed in a commercial collection agency for a past due bill which we recognize and we are willing to pay although the collection agency does not want to disclose a detailed breakdown of what they are charging under "collection fees" which are close to $5000 and this... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Dec 6, 2019

Not specifically. There is a statute which deals with commercial collection agencies, but it addresses only the requirement that an agency register with the state as such.

if I read the facts correctly, you owe the creditor $X.xx but the collection agency is demanding $X.xx plus $5,000; and...
Read more »

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2 Answers | Asked in Collections for Florida on
Q: Can Collection lawyers proceed with debt collection if they did not prove a debt never responded to verification letter?

A default judgment was filed in court in2003 for credit card debt .Writ of execution issued while I was living abroad . First notice I received three months ago when my bank account was put on hold and instantly drained to the last penny never knew before about the judgment until I received a... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Dec 3, 2019

Yes they do it all the time, whether it is legal or not doesn't matter as they get a default judgment and the judges just blindly sign whatever the collector puts in front of them, it is like a conveyor belt of submitted garbage and trash from these collections companies that turn into cash.... Read more »

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2 Answers | Asked in Collections for Florida on
Q: what can a collections lawyer do with a eviction case from 2016.. Can they take me to jail?

They told me they could put a hold on my person. I explained to her that due to bad health and being unemployed that I couldn't pay the fee that started out at $2184.84 then they said the lowest they could go was to $700. When I asked for documentation regarding this she said they didn't... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Nov 14, 2019

Ignore them, they are lowly collection people, they cannot arrest you, they can try to file a lawsuit and get a judgment and if you do not have anything or make very little, they cant even collect that at all, they are trying to fear-monger you into paying or agreeing to do something that you do... Read more »

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1 Answer | Asked in Collections for Florida on
Q: Can a collection agency report an old debt as new?

I had a collection fall off my credit score and here recently the same collection was reported under a new debt collection agency. They're reporting old past due amounts as if they are new. Is this legal?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 12, 2019

No. Unless you somehow renewed this old debt (by trying to make payments recently) you will need to contact the credit bureau and file a challenge to this old debt.

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