If a debt collector filed a lawsuit against you in Duval County and a process server left a card but didn’t actually hand you anything, it may feel like nothing has happened yet. But you need to be really careful. Just because you don’t believe you were properly served doesn’t mean the court... View More

No, a debt collection agency cannot pursue a third-party if the debt is in the sole name of the decedent. They would have to pursue a lawsuit against the estate of the decedent in probate court if a probate case has been opened.

No, they can't file suit against you, they would have to sue your late husband's estate. If there is no probate case, in theory they could open one and seek to sell his assets if any, but that is unlikely.

The enforceable agreement can be verbal or in writing with his signature. If the exchanged message shows that he acknowledges the deal, you have enough evidence to sue his company for breach of contract. Nevertheless, you can sue him for unjust enrichment if the message does not show that an... View More

In Florida, verbal agreements are generally enforceable, with limited exceptions, such as the Statute of Frauds (which typically applies to contracts that cannot be performed within one year or involve the sale of real estate). A claim for breach of oral contract may be available when one party... View More

To prevent medical debt from appearing on your report, you have to obtain written assurance from medical office and the collection agency. Start by asking the collection agency in writing they will not submit the debt to the credit agencies when paying the debt. Second, pay the original creditor in... View More

GENERALLY SPEAKING: If you were never served with the court complaint that initiated the lawsuit, the first step is to view the court file either online or at the office of the Clerk of Courts to see what the process server's affidavits of service (also called Returns of Service) state. They... View More

Probably not, those are probably uncollectable debts based on how old they are and whether the statute of limitations has expired on them and whether a lawsuit was or will be filed if they are not past the statute of limitations will matter. If you decide to settle them, you need to negotiate how... View More

To be safe, I would recommend having a settlement agreement prepared and signed by the parties. Simply signing over the check leaves the situation open to ambiguity and interpretation. It is highly advisable to have a proper settlement agreement prepared, reviewed, and signed by the parties... View More

You asked if they are legally allowed to ask you for medical records. They can ask for anything they feel like - the issue is whether you have to comply. A Target collection agent asking for medical records makes ZERO SENSE, which makes me wonder if someone is trying to scam you - for example,... View More

You should immediately get a "claim of exemption" form from the clerk of court, and if you are entitled to an exemption, you should complete and sign it and file it with the clerk. It appears that the child support you pay is not equal to half or more of your monthly wages, so your wages... View More

While there is a legal limit on how much they can garnish per pay period, you probably cannot get an exemption. You would need to speak directly with the attorney that is pursuing the wage garnishment to see if you can work something out. Speak with a debt defense lawyer for more specific advice.

Any time a defendant does not submit something that's required, the first step is to reach out to the defendant to determine if he/she will comply, and if so, by when. If no cooperation, the next step is to file an appropriate motion with the Court to request issuance of an Order addressing... View More

You can send them a demand letter notifying them they have a certain time frame to deliver the goods or you will be filing suit on that date. Realistically, it is not worth filing a lawsuit for an amount under $200, so the demand letter should be used as a tool to begin negotiations. Additionally,... View More

If you received a SUMMONS with the court complaint, you must comply with the instructions in the summons, which notifies the named defendant that failure to file a response may result in the defendant's money, wages, or property being taken without further notification. Any defenses or... View More

The first step is to contact the landlord or landlord's counsel to ask the reasons that additional amount is being demanded, with a full explanation/itemization in writing. Either there's something that makes sense, or there isn't. If it doesn't make sense, or there's no... View More

Apparently, the letters are from attorneys seeking to represent you, and such letters are not from Midland. If that's the case, no it wouldn't be a "scare tactic". Until you have been served with a summons, by the way, the case cannot proceed. You can check with the clerk of... View More

The language used indicates that this is very likely a scam, but you cannot get a reliable answer from an online forum as to whether someone contacting you is "real" or not. Since the person says he/she "just emailed your bank", you can contact your bank to inquire about it.... View More

Do you mean, "Can they file a case against me?" or instead, "Can they prove their case in court?" If the former, yes, anyone can file suit whether they have a strong case, weak case, or even a frivolous case. For any of those categories, a lawyer can advise how the matter... View More

The phrase "an itemization of where they are getting their figures from" apparently means the amount owed. This is normally proved with periodic statements sent to the debtor. They also must be able to prove that they bought the debt from the original creditor and that they notified the... View More