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Florida Collections Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Collections for Florida on
Q: What is the best way to negotiate unsecured debt lawsuit with the original Bank? I cant afford a lawyer

I have no assets that can be taken and no money.Im not working and applied for SS disability as it will be my only income when received Im 59 y old.How can I get the lowest possible agreement with the bank.I do not want to file bankruptcy.

Barry W. Kaufman
Barry W. Kaufman answered on Jul 31, 2021

Once the bank hands the account to the lawyer/law firm, you should deal with the law firm. Call them and tell them you want to negotiate a payment plan. You will have to offer them an amount that makes sense in relation to the debt. $25 a month on a $5,000 debt is silly, as an example. (If they... Read more »

1 Answer | Asked in Social Security, Real Estate Law and Collections for Florida on
Q: in Florida, how to put a restitution lien on a property to compensate for stolen social security checks from my mailbox

my brother was caught stealing my mail from my mailbox. My father (now deceased) was living with me at the time. Brother was cashing the checks with forged signatures. Brother is trying to sell a property. Can I put a lien on his property to collect the money he stole?

Barry W. Kaufman
Barry W. Kaufman answered on Jul 28, 2021

No. There's no such thing as a restitution lien in Florida. If the checks were your father's, the representative of his estate would have to sue your brother in civil court and obtain a judgment, then record the judgment as a lien.

1 Answer | Asked in Admiralty / Maritime, Business Law, Civil Rights and Collections for Florida on
Q: Can I chain a customers boat to the dock for non payment?

I own a commercial diving business that does underwater hull cleaning and yacht maintenance. I had a customer bring his boat to the marina where I am currently staying on my own boat. After I took care of his boat he didn't show up to pay me or get his boat at the time we agreed. Rather than... Read more »

Tim Akpinar
Tim Akpinar answered on May 3, 2021

Only a Florida attorney could advise you on your specific question. But you posted under Admiralty/Maritime Law, and under U.S. maritime law, a remedy that is sometimes applied in settings where vessel interests owe money is a maritime lien. This comes up in ship mortgages, vessel collisions, crew... Read more »

1 Answer | Asked in Real Estate Law and Collections for Florida on
Q: How do I submit a file for a failed response of writ of garnishment by the garnishee

The defendants employer (garnishee),Failed to respond within 20 days of the court order

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 24, 2021

I don't know about Florida, but in my state I'd file a motion for default judgment against the garnishee along with a notice of hearing. Last year that worked and I got a ~$25k judgment against the garnishee for failing to answer the interrogatories and to withhold wages.

1 Answer | Asked in Banking and Collections for Florida on
Q: Will you have to pay back a check after you’ve cashed it if you weren’t supposed to receive it?

I received a check from Collier County school Board I cashed it and that I was called two weeks later and they told me it wasn’t supposed to receive the check and now they’re demanding that I pay it back or face legal repercussions.

Barry W. Kaufman
Barry W. Kaufman answered on Apr 15, 2021

Yes. You knew you weren't supposed to receive the money.

3 Answers | Asked in Collections for Florida on
Q: Apartment complex I owe a debt of $3000 won't send written form until I pay the debt.

I need to pay this debt off, but dont want to pay if nothing is in writing, Complex is refusing to do so.

$3000 is a lot to pay on trust.

Tom Murphy
Tom Murphy answered on Mar 24, 2021

See if you can approach them personally with a cashier's check for $3000 in hand. Tell them you will give it to them if they give you the letter.

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1 Answer | Asked in Collections and Small Claims for Florida on
Q: I did some work on a yacht ($300) and found out the owner sold it and never paid me. What can I do? Is it even worth it?

I found out Friday afternoon the owner had an offer on his boat and was closing the following Monday. I told the yacht broker about the situation and he said to email him the invoice ($300) and he would take care of it at the closing. Of course he never did. Is there anything I can do? Is it even... Read more »

Charles M.  Baron
Charles M. Baron answered on Mar 23, 2021

You may sue whomever you did the work for in small claims court, and you could first try sending a demand letter stating you will file in small claims court if not paid. Whether it's worth your time is a question only for yourself to answer. You'd have to find out from the Clerk's... Read more »

2 Answers | Asked in Criminal Law and Collections for Florida on
Q: I just recently discovered that I have a warrant in Harris County, Texas for larceny. I lived in FL since 2015.

This resulted from a $30 check written at a Houston supermarket in 2015. The check was NSF and I had no idea because I moved. I contacted Harris County Sheriff, but no info can be obtained over the phone. Do I have to return to Houston and turn myself in to resolve this?

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 17, 2021

Contact a Texas attorney to get the case resolved.

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1 Answer | Asked in Contracts, Civil Litigation and Collections for Florida on
Q: Repossession of motorcycle that I do not have

I had a motorcycle up for repossession 2 years ago . It was parked on the side of my townhouse (no garages). It eventually was gone. Now almost a year and a half later I’m getting calls from collectors and repo saying they’re looking for the bike? I am very confused. I do not have it, and have... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Mar 14, 2021

Seriously? Your bike was stolen. If it had been repossessed, you'd know it. Now, instead of the creditor getting the bike back, selling it, and applying the sale amount to your loan, the lender (creditor) will probably sue you for the entire amount of the loan.

1 Answer | Asked in Contracts and Collections for Florida on
Q: Hello. I signed a contract with a Gym and I'm under 18. I want to cancel the membership and the contract with no penalty
Charles M.  Baron
Charles M. Baron answered on Mar 10, 2021

You didn't ask a question. I assume, however, you would like to know if you can "cancel" the gym membership without potentially being sued for the balance due on the contract. Minors have no legal capacity to enter into contracts (unless they have been legally emancipated). If you... Read more »

2 Answers | Asked in Collections for Florida on
Q: Scam email threats me over debt collection and go court and lose my job and try arrest me?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 22, 2021

Unscrupulous debt collectors have unlawfully used threats of incarceration for many years, trying to scare debtors into sending them some money--any amount--which should not EVER be done before talking to a Florida lawyer.

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1 Answer | Asked in Collections for Florida on
Q: My medical bill for $1100 was in collections who sold to a debt buyer for $500 and taken off my credit report, do I owe?

If it was sold to a debt buyer do I even need to pay the bill they sent me?

***EDIT TO QUESTION: I was told that medical bills aren't supposed to be put in collections in the first place, due to HIPAA regulations?

Thank you for your responses.

Barry W. Kaufman
Barry W. Kaufman answered on Feb 2, 2021

Yes. You owe $1100.00 to the debt buyer. The buyer bought your debt, and it now owns your bill. The amount it was bought for is immaterial.

2 Answers | Asked in Collections for Florida on
Q: Do I owe payment to a creditor for my deceased father from 4 years ago.

My dad, who was a lifelong resident of GA, had a small trucking company in Savannah that he liquidated and closed in January of 2015. He was diagnosed with terminal cancer and passed a year and a half later on 6/17/2016. As his executor, and a resident of Florida since 1983, I honchoed his meager... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Dec 29, 2020

I cannot see how you could be held personally liable for this alleged debt. You were not a personal guarantor of the company's obligations to Comcast. However, it is possible that if he guaranteed the obligations, that his obligations were binding on his heirs.

At most, the statute of...
Read more »

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1 Answer | Asked in Collections for Florida on
Q: I have an account that was placed in collections when all payments are up to date, the company doesn't know why

What are my options on this?

Barry W. Kaufman
Barry W. Kaufman answered on Dec 14, 2020

Call the creditor, ask to speak to a manager. BE NICE. The minimum wage 20 year old who answers the phone is not responsible for the issue and probably nothing on his or her information screen would tell him or her why your account is in collection. Calmly explain that to the best of your... Read more »

1 Answer | Asked in Collections for Florida on
Q: In Florida, is it legal for a Repo man to move another vehicle, to gain access to the vehicle they want to repossess?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 30, 2020

Yes, especially if it appears that the owner of the car they are looking for is trying to prevent them from getting to it.

1 Answer | Asked in Collections for Florida on
Q: PLEASE EXPLAIN. A Plaintiff dissolution of continuing writ of garnishment?
Barry W. Kaufman
Barry W. Kaufman answered on Nov 10, 2020

It means that the plaintiff dissolved, or terminated the continuing writ of garnishment. If your pay was being held, it won't be held anymore.

1 Answer | Asked in Collections for Florida on
Q: Doctor stopped billing me 6 months ago so I don't know what I owe. I've asked for a bill but they wont send one.

I had heart surgery in 2017, The charge from the anesthesiologist was part of my deductable so I have been paying monthly. Should I stop paying? will this show on my credit report?

Barry W. Kaufman
Barry W. Kaufman answered on Oct 21, 2020

Hard to say what you should do - I assume that they are cashing your payments. The only thing that makes sense is that their records are inaccurate and they don't want to send you a bill that's inaccurate. But that's just a wild guess.

1 Answer | Asked in Small Claims and Collections for Florida on
Q: If i signed a written agreement is there a way to cancel it? Or is it a done deal?

If i signed a written agreement but havnt made a payment, is there a way to cancel it or once its signed is it a done deal? It was for a old bank account about 8 or more years ago

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 14, 2020

Not possible to tell without more info and a copy of the documents you signed.

3 Answers | Asked in Civil Litigation, Consumer Law, Contracts and Collections for Florida on
Q: Bank can’t repo lost (not stolen) vehicle.

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 »

Barry W. Kaufman
Barry W. Kaufman answered on Oct 6, 2020

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 »

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2 Answers | Asked in Collections for Florida on
Q: I have a judgement against a person that I lent money to (over $10,000). I don’t know how to collect.

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 »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 27, 2020

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 »

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