Ask a Question

Get free answers to your Collections legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Collections Questions & Answers
2 Answers | Asked in Collections and Civil Litigation for Florida on
Q: Not served in a debt lawsuit in Duval County, Florida. What happens?

A debt collector has filed a lawsuit against me in Duval County, Florida. A process server left a card, but I have not been served or contacted them. What happens in this situation?

Michael  Mayoral
Michael Mayoral
answered on May 29, 2025

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

View More Answers

3 Answers | Asked in Collections and Probate for Florida on
Q: Can a collector pursue me for deceased husband's credit card debt after 2 years?

I want to know if a collector can seek payment from me for a credit card debt solely under my deceased husband's name, after over two years since his passing. I was not on the card, there was no probate nor estate, and I provided the company with his death certificate and estate-related... View More

Stephen Arnold Black
Stephen Arnold Black
answered on May 16, 2025

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.

View More Answers

3 Answers | Asked in Collections and Probate for Florida on
Q: Can a collector pursue me for deceased husband's credit card debt after 2 years?

I want to know if a collector can seek payment from me for a credit card debt solely under my deceased husband's name, after over two years since his passing. I was not on the card, there was no probate nor estate, and I provided the company with his death certificate and estate-related... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 15, 2025

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.

View More Answers

3 Answers | Asked in Collections, Contracts and Civil Litigation for Florida on
Q: How can I recover over $15,000 for sod sold without a signed agreement?

I sold sod on terms to a customer for over $15,000, with the agreement that it would be paid within 30 days. It has been several months, and he hasn't paid and is no longer responding to my messages. I have text messages about the agreement and reminders, but nothing is signed. He operates a... View More

Linda Liang
Linda Liang
answered on May 15, 2025

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

View More Answers

3 Answers | Asked in Collections, Contracts and Civil Litigation for Florida on
Q: How can I recover over $15,000 for sod sold without a signed agreement?

I sold sod on terms to a customer for over $15,000, with the agreement that it would be paid within 30 days. It has been several months, and he hasn't paid and is no longer responding to my messages. I have text messages about the agreement and reminders, but nothing is signed. He operates a... View More

Travis S. McConnell
Travis S. McConnell
answered on May 21, 2025

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

View More Answers

2 Answers | Asked in Collections, Consumer Law and Insurance Defense for Florida on
Q: How can I prevent a medical debt from impacting my credit report with a collection agency involved?

I was contacted by a collection agency about a medical bill I didn't know existed until recently. After verifying my insurance was billed correctly, I'm aware I owe this debt. I reached out to the collection agency to clarify whether they had been assigned the debt or if it had been sold... View More

Daniel Cohen
Daniel Cohen
answered on May 6, 2025

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

View More Answers

2 Answers | Asked in Collections and Employment Law for Florida on
Q: How to address unexpected wage garnishment for credit card debt in Florida?

I recently discovered that my wages are being garnished due to a credit card debt I was unaware of. The garnishment started this month, and I was never notified of the creditor obtaining a court judgment. The amount taken out is more than I can afford. What are my options to address this unexpected... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 29, 2025

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

View More Answers

1 Answer | Asked in Collections and Consumer Law for Florida on
Q: Should I pay charge-offs for a credit card and personal loan in Florida?

I have charge-offs related to a credit card and a personal loan. Creditors have contacted me, but I have not received any settlement offers. I believe these charge-offs are affecting my credit score, and I previously consulted with a financial advisor, but I was not satisfied with their advice.... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 11, 2025

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

1 Answer | Asked in Collections, Contracts and Real Estate Law for Florida on
Q: Can a debt be settled by signing over a cashier's check?

I'm owed $30,000 by a friend, and she wants to sign over a cashier's check for the same amount to me, which she received from selling land. There is no contract between us regarding the debt. Can this be done legally, and are there any potential issues I should be aware of? No one else is... View More

Erik A. Perez
Erik A. Perez
answered on Mar 10, 2025

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

2 Answers | Asked in Collections, Public Benefits and Social Security for Florida on
Q: Can Target's debt collector legally request my medical records in Florida?

I am being contacted by a debt collector for a Target debt, which is not related to any medical expenses, and they have requested my medical records. I have not given any consent for this. I am currently in contact with the debt collector to resolve the issue but cannot afford the payment amount of... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 6, 2025

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

View More Answers

2 Answers | Asked in Collections and Child Support for Florida on
Q: Can I seek exemption from wage garnishment in FL due to financial hardship?

I have a writ of wage garnishment delivered to my work on the 10th, but I haven't had a good mailing address in over four years to receive any related documents or respond. I earn $22.50 an hour, pay $750 a month in child support, and live in a sober living residence with no assets. The... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 25, 2025

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

View More Answers

2 Answers | Asked in Collections and Child Support for Florida on
Q: Can I seek exemption from wage garnishment in FL due to financial hardship?

I have a writ of wage garnishment delivered to my work on the 10th, but I haven't had a good mailing address in over four years to receive any related documents or respond. I earn $22.50 an hour, pay $750 a month in child support, and live in a sober living residence with no assets. The... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 25, 2025

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.

View More Answers

1 Answer | Asked in Civil Litigation and Collections for Florida on
Q: Sued someone for personal damages more than $5000 and they never returned informational sheet

How am I able to collect on this judgement? They never showed up to court and the judgment is completely unpaid, info sheet never returned. Im in South Florida Broward County.

Charles M.  Baron
Charles M. Baron
answered on Dec 10, 2024

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

1 Answer | Asked in Consumer Law, Business Law, Collections and Small Claims for Florida on
Q: I paid for scooter parts online, but never received parts. what should be next step? less than $200 more than $100

gave plenty of time for delivery. sent email giving them a deadline (even gave more time on that) after waiting almost two months.

Erik A. Perez
Erik A. Perez
answered on Oct 9, 2024

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

1 Answer | Asked in Consumer Law and Collections for Florida on
Q: Do I have to respond to an unsigned Complaint? And all exhibits against me are not signed?

The Complaint has a typed name but no signature. The exhibits all have my name added to the top of the page but are not related to me in any other way.

Charles M.  Baron
Charles M. Baron
answered on Sep 20, 2024

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

1 Answer | Asked in Contracts, Collections and Landlord - Tenant for Florida on
Q: Eviction was dismissed and a $9000+ check was issued to landlord's attorney. They are still reporting that I owe them.

A wrongful eviction was filed against me in February of 2023. I continued to pay rent to the court and the case was not officially dismissed until recently in July 2024 (due to the attorney being unresponsive). The ORDER OF RESOLUTION, RELEASE OF FUNDS AND DISMISSAL was submitted 07/30/2024, and a... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 8, 2024

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

1 Answer | Asked in Collections for Florida on
Q: I'm getting letters from lawyers to represent me from midland credit management but haven't cc received no court day is

Is this legitimate or a scare tactic to try get me to pay

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 7, 2024

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

1 Answer | Asked in Civil Litigation, Collections and Communications Law for Florida on
Q: I have received text messages from this person I not sure if it’s really or not

As of today you have failed to respond to the settlement offers. Our client has attempted to work with you all multiple times. Be advised today we have sent out certified mail to the department of labor. This included the request to attach your bank account and garnish the wages. This will be in... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 11, 2024

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

3 Answers | Asked in Collections for Florida on
Q: If a debt collector cannot provide an itemization of where they are getting their figures from, do they have a case?
Charles M.  Baron
Charles M. Baron
answered on Jun 8, 2024

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

View More Answers

3 Answers | Asked in Collections for Florida on
Q: If a debt collector cannot provide an itemization of where they are getting their figures from, do they have a case?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 8, 2024

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

View More Answers

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.