Griffin Klema's answer The fact that the customer was paid money by the insurance company doesn't really affect your rights to collect payment for services you rendered. Because the services were made on a property, you may be able to file a lien (a Florida construction lawyer may be able to answer that specific question). Otherwise you could file suit against the customer to enforce the contract. A good trial attorney with experience in business contracts should be able to help. Good luck!
Barry W. Kaufman's answer There is a judgment against you for the difference between the amount of the loan that you owed at the time the insurer paid, and the amount the insurer paid. The creditor is attempting to garnish your pay to pay the judgment. The first thing that happens is a writ of garnishment is served on your employer. Your employer has 20 days to respond to the writ of garnishment. The creditor will send you the motion for the writ of garnishment, the writ, and later, your employer's answer. The clerk is...
Barry W. Kaufman's answer Generally, under Florida law, SSI cannot be garnished. However, without knowing why the NY AG sued him and because a state agency is involved, and not a private creditor, the benefits may be able to taken by other means. He should contact his county legal aid office to see if he can get some legal advice there. Ignoring a lawsuit is never a good idea.
Terrence H Thorgaard's answer You indicate that "we paid contractor in cash 11/22/17", and that you "have receipt for initial deposit". It is not clear that you have a receipt for whatever balance was due after the initial deposit (which I assume you paid "in cash [on]11/22/17"). If so, show these receipts to the accountant. If not, I suspect you are out of luck; one should never pay in cash without a receipt.
Jeffrey Schatzman's answer Post-Judgment discovery in a small claims case is governed by Florida Small Claims Rule 7.221. Under that Rule, you can serve the defendant with a Fact Information Sheet Form 7.343 (FAS). The FAS requires the defendant to provide financial information including bank account statements and tax returns. If your judgment did not include a provision for the defendant to complete a FAS, you can file a motion for the court to enter an order requiring the defendant to complete a FAS. This should...
Barry W. Kaufman's answer Sounds like your bank was served with a writ of garnishment. If that's the case, you will receive in a few days a copy of the motion for the writ of garnishment, and the writ, and a notice to you about any exemptions to the garnishment that you might have, as well as a form to ask for a hearing. You don't get advance notice of a garnishment. It is immaterial that your codefendant has been deceased since 2006.
Alex McClure's answer They cant take your social security. See a consumer protection attorney if you wish. Document all calls from the collector (date, time, name, what was discussed) and save all letters and other correspondence.
Barry W. Kaufman's answer Every county clerk website has a page of fees. I imagine that you will file the motion in person, so the cost to file the garnishment is $85.00. The sheriff will serve the writ in your county for $40.00. *Make sure you get the garnishee correct.* If the garnishee hires an attorney to file an answer to the writ, it will cost you $100.00 for the garnishee's attorney's fees. Some garnishees answer the writ without hiring an attorney to do so, so there's no garnishee attorney's fees in that...
Terrence H Thorgaard's answer Show up at the hearing. Bring with you your bank statements, showing where the money on deposit came from. Be prepared to testify as to that, your dependents, and any other income for your household. You should be fine.
Be sure to get an order from the judge dissolving the garnishment, don't leave the hearing without it, and bring it to the bank immediately.
Alex McClure's answer Whether you can successfully defend their claims is something no one can tell you without a thorough review of your case. Be prepared for them to request bank statements of yours going back years if you claim the account isnt yours.
Also, if the address on the account statements is an address you live at or lived at, you will face problems there, too. Best thing you can do if you cant hire an attorney is prepare your defense the best you can by reviewing carefully the evidence that...
Terrence H Thorgaard's answer If they have a writ of garnishment, they first obtained a judgment. To get a judgment they would have had to serve you with process. If they did that, it's probably too late to contest the amount owed. If you are providing more than half of the support of a dependent in your household, you should file a claim of exemption ASAP.
Jennifer Isaksen's answer I'm not exactly sure! Collection companies are known to use creative means to collect debts and this sounds like it could be one of them. The fact is, a collection company can only call and write demands for payment and if you inform them not to contact you by phone and request that all communication must be in writing, they can only write you letters or else they will be in violation of the Fair Debt Collection Practices Act, which carries mandatory monetary penalties against the collection...
Andy Wayne Williamson's answer Sorry for your situation. There is no way to say without knowing more details. I suggest that you consult with an attorney from your area to go over the full details and then get specific advice.
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