When I was 17 years old A relative provided me with a personal check As a gift. And the check was returned due to either non-sufficient funds or some other banking matter from the check writer/issuer's financial institution. A debt collection agency now multiple years later and attempting to... Read more »
answered on Mar 23, 2023
No. Any action would have to be against the maker (writer) of the check, not the beneficiary. You have no liability o pay this check.
The lender (Cherry Tech) states the medspa was paid regardless of whether I received services, and all cancellations must be approved by the medspa, who does not reply to any of my emails, texts, voicemails, msgs. I have been sending cancellation notices weekly for the last two months, no responses... Read more »
answered on Mar 21, 2023
This is mostly a matter of the terms of your contracts with the service provider and the lender. Schedule a consultation with a lawyer in your area who handles consumer law or breach of contract cases, so that the lawyer can review the contracts and the entire situation. A contract can be a... Read more »
I have a few questions about this:
I received the final judgment paperwork, but it is blank, it is not dated nor is it signed by a judge. Is this common, legal, binding?
Additionally, I do not recall this debt. In the summons, I only received a couple of statements with due... Read more »
answered on Mar 15, 2023
The judgment is probably conformed. In 22 years of practice, I have never seen a judgment not signed or dated.
Once you default, all the " I don't remember the debt" stuff goes out the window.
You will have a hearing on your claim of exemption. You must prove the... Read more »
answered on Feb 28, 2023
Consult with experienced attorneys.
Use Justia search to find an attorney. https://www.justia.com/lawyers
answered on Jan 21, 2023
You are not notified prior to the garnishment. You should receive, or have received, a notice of your rights and an exemption form. Make sure the plaintiff's attorneys have your correct address.
Never sign contracts app
answered on Jan 6, 2023
There is not nearly enough information for any lawyer to be able to advise or help you. Retain a banking lawyer.
Now they are taking me back to court is there any way to protect my assets so they don’t put a lien on my primary residence
answered on Dec 12, 2022
Hiding assets to avoid creditors is illegal. However, if your primary residence in Florida has a homestead exemption then Article X, Section 4 of the Florida Constitution exempts homestead property from levy and execution by judgment creditors. This means a creditor cannot force the sale of your... Read more »
I am thinking about filling bankruptcy, but I have previously filed (July of 2015). So if I do decide that I need to I have seven months to wait.
answered on Dec 3, 2022
Yes, a creditor of yours can record a judgment that becomes a lien. What it cannot do is foreclose on the lien. Should you file and your bankruptcy is discharged, this judgment will be discharged and the lien evaporates as a matter of law.
Do I go after the owners?
answered on Oct 27, 2022
Nope. You don't have a judgment against the owners. Your judgment is (sorry to say because thus is how I make money) not worth the paper upon which it is printed.
Getting sued and only have 14 days to respond in a letter to the Superior Court Of New Jersey
Does this mean There is no case anymore. It said I had 20 days to respond but I don’t know that included weekends now am I too late, will I have to pay in full or can I still respond. The weird thing is I can’t find it in public records search.
answered on Aug 12, 2022
It is 20 days (not 20 business days).
It must have been filed, otherwise the clerk would not have issued the summons, and a sheriff would not have served it on you.
Florida has different statutes of limitations depending on the cause of action, so that this 2016 date might be... Read more »
answered on Aug 8, 2022
Are you allowed to hire an attorney to go with you to a small claims pretrial conference? Certainly.
Got a summons for pretrial conference on Thursday night and conference is wednesday
answered on Aug 8, 2022
It sounds like you are being sued in small claims court. If that is the case, you may not need a lawyer for any of the proceedings, as the reason the small claims court exists is to have a simplified procedure that most laypersons can handle without a lawyer. However, depending on the nature of... Read more »
Company stated they sent an email however we did not receive that. There was no written notice sent to our address nor has their attorney contacted us regarding money owed. What are my legal rights? I would like to try to pay all assessments owed without any of the collection/legal fees. What are... Read more »
answered on Jul 22, 2022
Florida Statute 720.3085(3)(d) now requires the HOA to mail you a Notice of Late Assessment giving you 30 days to pay before you can be turned over to any attorney or collection agency for collections. This statute went into effect July 1, 2021. If you were with the attorney before then it would... Read more »
The debt is from “Lending Club” but a different company is suing her for that debt. Since she filed bankruptcy in 2016 and it’s been so long since then, can they even legally sue her? Since it’s not even the same company, could they do this? She is being taken to pre-court next week. She... Read more »
answered on Jun 22, 2022
Did she get a discharge of her debts or was the case dismissed? Was the debt included in the bankruptcy? Was it a secured debt? If it is a secured debt (mortgage on real estate, car loan), the company can move forward with an action to recover the property. More facts are needed and she should... Read more »
I filed a small claims suit against my boyfriend's HOA for wrongful tow of my car. Missed the hearing, so it was dismissed. Judge ruled for the motion for attorney fee's, $3,000. Letter was sent to the address where the incident took place (not a home I own, but my boyfriend does). They... Read more »
answered on Jun 20, 2022
HOA documents provide for prevailing party attorneys' fees and costs to be assessed against a party litigating a HOA matter. Owners are liable for the actions of their guests, tenants and anyone living in their property. A lawyer would need to read the HOA declaration and the complaint to... Read more »
How would I go about getting a writ of garinment
answered on Jun 13, 2022
This is a specialized area of the law. Look for a consultation with a local lawyer that does collections. As I am sure that you have figured out, having a piece of paper that says that you are owed money is not the same as money in your pocket.
Lake County FL courts have a $100,000 lien against me. I need to know if they can take the money my mother left me when she died.
answered on Apr 22, 2022
You will want counsel of a competent FL attorney, assuming the legacy is situated in FL. `Exemption Rights will be pertinent here. You may even open up a Trust. This is a public forum and you do not need to talk about this with anyone else but your attorney.
My late husband had a debt being paid by installment. The creditor, not knowing his death (I did not need a probate), now files a motion for final judgement. This judgement will be granted. Will I be responsible ?
answered on Apr 14, 2022
I am very sorry for your loss on the passing of your husband, please accept my condolences for you and your family.
As long as you were not named in the lawsuit, and you were not a co-signor or otherwise made yourself responsible for the debt, the answer would be no. It would be important... Read more »
I have lived in Florida for the past 4 years and this garnishment is from a court in Ohio, where I used to live. Don't I have to get something from the courts so I can answer to this .
answered on Apr 12, 2022
When Final Judgment issues and the time for appeal runs, that is the end of the litigation, and the collection case is closed.
For good reason, most states do not require Judgment Creditors to file anything new in the closed case because that is like announcing to the world (and the... Read more »
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