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Florida Collections Questions & Answers
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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1 Answer | Asked in Criminal Law, Civil Litigation and Collections for Florida on
Q: My mom received a phone call from a "private number" saying someone filed a complaint about me.

Last night 9/23/2020 around 4:30 p.m., some private number called my mom and asked for me, she told them I haven't lived there in 15 years and the lady on the other line said that someone filed a complaint about me or on me and that I needed to call an "888" number with a... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 24, 2020

That's not the way the civil court or the criminal court system works. Sounds like a scam or at least shady.

1 Answer | Asked in Collections and Probate for Florida on
Q: Need help with probate debt

I have an open probate in Florida for which I am the personal representative. The estate is owed $1,700 from a country club. They have yet to acknowledge any attempts to collect this debt. We have no one in the Florida area, so small claims does not seem to be an option. The cost of using the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 13, 2020

Depending on the basis of the claim and if you have a contract providing that the prevailing party gets awarded attorney fees, you might consider that option. Or you could assign the claim to one of several debt recovery companies that pursue small claims cases all the time. But, if all else... Read more »

2 Answers | Asked in Contracts, Business Law and Collections for Florida on
Q: After years of a successful verbal partnership, what steps to take to ensure protection prior to confrontation on $ #s?

Have a verbal contract with years of recorded deposits proving the contract/agreement exists, some email evidence, but after realizing inaccuracies between their accountant's #s and my deposit #s vs our agreement, prior to confrontation or making them aware of suspicion, I need to consult an... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Sep 10, 2020

Aside from your emails you must obtain as much information as possible regarding bank accounts and loans (bank statements, bank forms executed attesting to a partnership and the names of the individual partners, maybe even % of interest) , income tax records for past years, any contracts executed... Read more »

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1 Answer | Asked in Civil Litigation and Collections for Florida on
Q: judgment collection a small claim court.

I won a judgment in a small claim court. However, the defendant refuses to pay. What I can do? The defendant has a real estate property, but she put an enhanced life estate deed after she was notified of my intentions to sue her.

Should a file a Notice of Lis pendens with the Clerk of the... Read more »

Charles M.  Baron
Charles M. Baron answered on Sep 9, 2020

Read the Florida Small Claims Rules, which are on-line. There are rules and associated forms for demanding the judgment debtor to disclose her assets, including bank account data, so that you can then attempt to garnish her account. Many such debtors will not comply with the disclosure demand, in... Read more »

2 Answers | Asked in Traffic Tickets, Criminal Law and Collections for Florida on
Q: License suspension due to non-payment of court cost?

I have outstanding court costs that have gone to collections from 2010 to 2017 I was wondering if there was any way that I can get my license back without having to pay the full amount do to me living on social security income

Henry George Ferro
Henry George Ferro answered on Sep 8, 2020

You may be able to work something out with the clerk's office to get a clearance on your license. That may all depend on the number of cases that are pending and the locations of the tickets issued. Or, you may wish to contact a lawyer.

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2 Answers | Asked in Collections for Florida on
Q: In Florida, if a landlord has a judgment against you and has recorded the judgment can you still settle for less?

If you offer a lump sum in an amount less than the final judgment and the landlord agrees swill that satisfy the judgment?

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 26, 2020

Yes, but be sure to get a satisfaction of judgment.

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2 Answers | Asked in Consumer Law and Collections for Florida on
Q: receiving text messages There is a file in our office needing your immediate attention, others asking me for phone #

Messenger also texting daughters. Also saying attempt to get a signature need address verification. 2 days ago we all got a private voice mail from a gentleman saying he had papers sealed for me to sign he would be her in 45 minutes, I waited 2 hours, no show, then late a text message asking if I... Read more »

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

Sounds like a scam. No legitimate business operates like this. NEVER give them your information, because that's what they want.

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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 »

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