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Florida Collections Questions & Answers
2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Collections for Florida on
Q: I have some legal fines from about 20 years ago that I discovered recently. How can I go about getting these waived?

I have written a letter to the judge with no response.

Henry George Ferro
Henry George Ferro answered on Aug 7, 2020

Pay the fines or hire a lawyer to file the appropriate motions...good luck!

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1 Answer | Asked in Collections for Florida on
Q: Does the statute of limitations stop for medical debt if you leave the state
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 5, 2020

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 »

2 Answers | Asked in Collections for Florida on
Q: When I say I didn’t know about the collections bill I mean that they didn’t try hard enough to find me.

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 »

Barry W. Kaufman
Barry W. Kaufman answered on Aug 3, 2020

If you are sued, please hire a lawyer. Otherwise, let it go.

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2 Answers | Asked in Collections for Florida on
Q: If I never paid on a collections bill from 2011, doesn’t that meant the SOL expired in 2016?

Services rendered supposedly in 2010, but they sent the bill to collections in 2011. However, no payments were made whatsoever. No one knew it exited. Because no action was taken.

Barry W. Kaufman
Barry W. Kaufman answered on Aug 3, 2020

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 »

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1 Answer | Asked in Collections for Florida on
Q: I had a lawyer tell me that the SOL only gets extended if you make a payment. Is that not entirely true?

The sol has been expired for 5 years. No contact has been made from the collator until last week.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 3, 2020

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 »

1 Answer | Asked in Collections for Florida on
Q: With a bill in collections that’s 10 years old, could they still seek to put a judgment out on me?

It’s way past the statute of limitations

Phillip William Gunthert
Phillip William Gunthert answered on Aug 3, 2020

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.

2 Answers | Asked in Collections for Florida on
Q: If a debt collector sells a debt, Does the statute of limitations start all over?

It’s from 2010.

Barry W. Kaufman
Barry W. Kaufman answered on Aug 2, 2020

No.

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1 Answer | Asked in Collections for Florida on
Q: If a debt happened before the marriage can a wife renew the statute of limitations over the phone?

The medical bill is from 2010. No one has reached out to us in the past 10 years. No calls, paperwork, nothing happened. We bought a house and have no derogatory marks on his credit report.

Barry W. Kaufman
Barry W. Kaufman answered on Aug 1, 2020

No. Someone would have had to make a payment to extend the SOL. Yoir wife cannot agree to extend the SOL.over the phone. It appears the SOL long passed on this debt.

1 Answer | Asked in Contracts, Real Estate Law, Collections and Landlord - Tenant for Florida on
Q: What type of lawyer should I hire to fight a credit report of a debt that has been discharged but not paid in full?

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 »

Tim Akpinar
Tim Akpinar answered on Jul 15, 2020

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 »

2 Answers | Asked in Collections for Florida on
Q: What is the statute of limitations for Navient to sue for private loans?

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 »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 27, 2020

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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1 Answer | Asked in Collections for Florida on
Q: not on note but on mortgage

I quick claimed the deed to property to the borrower / note holder. Am I responsible if forclosure takes place? I am on the mortgage but not the note.

Barry W. Kaufman
Barry W. Kaufman answered on May 19, 2020

If the property goes into foreclosure, you'll be a named defendant. If you never borrowed money to purchase the property, you won't be liable for any deficiency.

3 Answers | Asked in Banking and Collections for Florida on
Q: Since 2016 my loan payment has been made (accidentally) from a stranger's account within my same credit union.

They called today and said they just realized this. I have been getting notices every month saying the payment was made. But now they tell me I wasn't making it and want me to pay it all back. I'm devastated. I need a new car and will have to make two payments. I have lots of out going... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on May 5, 2020

What's your question? In round numbers, somebody paid 36 months of your loan payment, and in 36 months you never realized that the payment wasn't coming out of your account? Yes, you need to pay it back. You never paid it in the first place.

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2 Answers | Asked in Collections and Probate for Florida on
Q: I have a final judgment on an ex. He owned property but signed QCD to girlfriend days before recent death. Can I collect
Seril L Grossfeld
Seril L Grossfeld answered on Apr 24, 2020

That may depend on whether the judgment was a lien on the real property. In order for the judgment to be a lien on real property you have to have had recorded a certified copy of the judgment on the public records in the county where the property is located. This serves as a lien with limited... Read more »

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4 Answers | Asked in Contracts and Collections for Florida on
Q: I joined a gym and was told it would be month by month and not a year long contract. I'm now being told it was year long

When I joined the gym they told me it was a month to month thing and not a year long contract. In fact I was told that this specifically was not a contract. I was not shown a contract nor did I receive a copy of anything. In January I stopped attending the gym and didn't update my payment... Read more »

Jeffrey Snyder
Jeffrey Snyder answered on Apr 6, 2020

Do you have a copy of the contract that you signed? If not, get a copy and go from there.

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2 Answers | Asked in Contracts, Civil Litigation, Collections and International Law for Florida on
Q: Can an American living in Germany be successfully sued or have collections put against them from someone in the states?

Im an American living in Germany and do not plan to return to the states. I signed a contract with a company out of Florida regarding medical consulting in relations to a claim with the Veterans Administration (Im a vet). The company did not do as advertised and thus we are in a dispute over... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Mar 30, 2020

Of course you can be sued. The creditor will have to jump thru some hoops to get you served in Germany though. But regardless, once you are served, its just like you lived in the states. If the creditor obtained judgment, and wanted to enforce the judgment, it would have to go through a process to... Read more »

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2 Answers | Asked in Collections for Florida on
Q: Do I have to return a Fact Information Sheet sent to me by a debt collector from a case entered in 2012?

On March 21, 2020, I received a letter from a debt collector saying the following:

"Pursuant to Florida Rule of Civil Procedure 1.977 and the Final Judgment entered on January 10, 2012, please return the completed Fact Information Sheet to our office within 30 days from the date of... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 22, 2020

Yes, you have to complete and return the fact information sheet. If you fail to do so they can seek an order holding you in contempt of court.

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2 Answers | Asked in Contracts and Collections for Florida on
Q: Can a person, who is not named in a summons, refuse to accept service?
Barry W. Kaufman
Barry W. Kaufman answered on Mar 4, 2020

Certainly someone unrelated to the defendant can refuse. Probably need more facts and unless your question is one of idle curiosity, the person refusing should probably consult his or her own lawyer.

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2 Answers | Asked in Collections and Stockbroker Fraud for Florida on
Q: Is it illegal to purposely overdraft your checking account?

I had $1000 dollars in my bank account, I moved all of it into a investing website, but I accidentally did it twice, and now I'm in the hole for $1000, but I've already invested all the money. I know I can pay it back and the overdraft fees back by the end of the month, am I able to do... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Mar 3, 2020

Its not illegal. You have only a certain amount of time to replace the money. You pay it back as soon as humanly possible whether its against the law or not because the overdraft amount is not your money

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1 Answer | Asked in Collections for Florida on
Q: Is a student responsible for tuition/book fees if the institution (a private) Kiser University, closed down.

The student does not have the money to pay for the tuition. Parent that signed them up (Mother) Divorced and does not make enough money to cover costs as well and does not own a home. Moved to Pensacola approx. 4 yrs ago. The credits are not transferable and now the University closed its doors.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 3, 2020

If you registered, signed an agreement to repay tuition, and actually took any classes offered by Kaiser University you are liable to them--regardless if they closed their doors. On the other hand, you may also have a valid claim against Kaiser University for failing to live up to its written... Read more »

2 Answers | Asked in Collections for Florida on
Q: I have a question about settling a credit card debt.

I have a closed cc with jp Morgan that's over a year old for 5400.00. Today I received a settlement offer from collection agency for $580.00. I know there can be tax implications and it will impact my credit score, but other than that, are there any other negatives for accepting this offer?... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Feb 25, 2020

A settlement offer is that - an offer to settle the account. The offer must be in writing, which I assume it was, judging by your post. If you comply with the offer, they cannot then retract it. You should keep all correspondence, to include your response(s) and a copy of the cancelled check, for... Read more »

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