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... Read more »
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...Read more »
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.... Read more »
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...Read more »
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... Read more »
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... Read more »
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...Read more »
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... Read more »
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...Read more »
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... Read more »
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...Read more »
I have outstanding court costs that have gone to collections from 2010 to 2017 I was wondering if there was any way that I can get my license back without having to pay the full amount do to me living on social security income
You may be able to work something out with the clerk's office to get a clearance on your license. That may all depend on the number of cases that are pending and the locations of the tickets issued. Or, you may wish to contact a lawyer.
Messenger also texting daughters. Also saying attempt to get a signature need address verification. 2 days ago we all got a private voice mail from a gentleman saying he had papers sealed for me to sign he would be her in 45 minutes, I waited 2 hours, no show, then late a text message asking if I... Read more »
Leaving a state has nothing to do with owing a debt. All debts continue to exist forever regardless of where the debtor lives. If you are trying to shorten the SOL by relocating to another state you are probably wasting your time and giving more money away. If it was that easy nearly every debtor...Read more »
So their for I had no knowledge of owing it. I guess I’m trying to figure out how that’s remotely possible? I was never served either. So this totally makes no sense to me. Since the SOL has run out. Another thing I’m curious to know about, if they were to take me to court and they make me... Read more »
How many times are you going to ask the same question?
The statute of limitation begins to run when the last action needed to make a good cause of action accrues. Generally usually normally, this means the last time a payment was made. While there are circumstances which can pause the...Read more »
Be careful: The normal SOL on an unpaid debt is five years; however, it is the EXACT date that counts when figuring the SOL date. Some people make the mistake of counting the years instead of starting on a exact date an extending it out for exactly five years from that exact date the last payment...Read more »
If you have not paid it and you did not get a judgment against you then it is likely that the Statute of Limitations (SOL) has expired, if they file a lawsuit then you would use SOL as your defense to dismiss the case.
6 years ago, I broke a lease. My roommate and I were both on the lease. The apartment company came after me with the full amount. I paid half. The full amount was still listed in my credit report. My roommate contacted them and they discharged the full amount. The debt no longer shows on my report... Read more »
A Florida attorney could advise best, but your post remains open for two weeks. It looks like you already have good legal insight into your matter, and it looks like you essentially hit the relevant practice areas of law you need. An experienced collections defense attorney should know what to do...Read more »
The loans haven't been paid since 2014, but the loan holder (I'm the cosigner) has put it in forbearance for various reasons including a bankruptcy attempt. I heard the statute of limitations is about the last time you "acknowledge the debt." Someone else said "5 years... Read more »
In order to get a definitive answer that can be relied on you will have to show all the controlling documents to a very experienced business contracts and banking lawyer and pay them to answer this unusual question.
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