Lawyers, Answer Questions  & Get Points Log In
Florida Collections Questions & Answers
1 Answer | Asked in Consumer Law and Collections for Florida on
Q: If I have a money judgment against a company that has been dissolved, who do I go after to collect my judgment?

Do I go after the owners?

Barry W. Kaufman
Barry W. Kaufman
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.

1 Answer | Asked in Collections for Florida on
Q: I need a reference for Legal services in New Jersey, How do I accomplish this?

Getting sued and only have 14 days to respond in a letter to the Superior Court Of New Jersey

Barry W. Kaufman
Barry W. Kaufman
answered on Aug 16, 2022

Use the internet to find a lawyer.

2 Answers | Asked in Collections for Florida on
Q: I got a civil action summons, I haven’t responded yet, but this is from 2016 I can’t find the case in public records?

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.

Jane Kim
Jane Kim
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 »

View More Answers

1 Answer | Asked in Collections for Florida on
Q: Can I go to pre trail conference with lawyer non criminal
Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 8, 2022

Are you allowed to hire an attorney to go with you to a small claims pretrial conference? Certainly.

1 Answer | Asked in Collections for Florida on
Q: Do I need a lawyer for a pre trail conference with only 3 day warning

Got a summons for pretrial conference on Thursday night and conference is wednesday

Charles M.  Baron
Charles M. Baron
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 »

1 Answer | Asked in Collections, Foreclosure, Real Estate Law and Landlord - Tenant for Florida on
Q: HOA Property mgmt company has sent my account to collections without notification. How can I avoid pay of addtl fees?

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 »

Barbara Billiot Stage
Barbara Billiot Stage
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 »

4 Answers | Asked in Bankruptcy and Collections for Florida on
Q: My mom is being sued by a creditor even though she filed bankruptcy on them almost seven years ago. Can they sue?

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 »

Barbara Billiot Stage
Barbara Billiot Stage
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 »

View More Answers

1 Answer | Asked in Contracts, Real Estate Law, Collections and Small Claims for Florida on
Q: I have a motion for attorney fees against me, they are threatening a lien on a property I do not own?

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 »

Barbara Billiot Stage
Barbara Billiot Stage
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 »

2 Answers | Asked in Civil Litigation, Family Law and Collections for Florida on
Q: Hello A judge granted me judgement in small claims court. Now I need to collect. What would be the next step

How would I go about getting a writ of garinment

Rand Scott Lieber
Rand Scott Lieber
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.

View More Answers

1 Answer | Asked in Estate Planning, Collections and Probate for Florida on
Q: Can the courts take my inheritance?

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.

Anthony M. Avery
PREMIUM
Anthony M. Avery
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.

1 Answer | Asked in Consumer Law, Probate and Collections for Florida on
Q: Am I responsible for my deceased husband's judgement ?

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 ?

Phillip William Gunthert
Phillip William Gunthert
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 »

2 Answers | Asked in Collections for Florida on
Q: I recieved a writ of garnishment letter on 4/11 from my employer but I never received anything from the courts .

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 .

Bruce Alexander Minnick
Bruce Alexander Minnick
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 »

View More Answers

2 Answers | Asked in Consumer Law and Collections for Florida on
Q: unsecured 2nd mortgage that is over 10 years old in Florida does statute of limitations apply
Jane Kim
Jane Kim
answered on Mar 22, 2022

"unsecured 2nd mortgage" is a legal impossibility.

Statute of limitations as to default? Every missed payment triggers its own default and its own statute of limitations.

View More Answers

1 Answer | Asked in Real Estate Law, Collections, Gov & Administrative Law and Municipal Law for Florida on
Q: Can you have a daily accruing fine without notice for five years?

I repaired a city code violation in an apartment I own as I normally would so that I could rerent the apartment, it was air conditioning problem. After five years without any notice and thinking the matter was taken care of, I received a letter from code enforcement saying that my daily accrued... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 16, 2022

I am unable to advise you on this important matter without first being able to see the original notice of code violation that you received from the city five years ago (you can request a copy) and reviewing the specific section of the Code(as it was five years ago) the city is using to try to... Read more »

1 Answer | Asked in Bankruptcy and Collections for Florida on
Q: Can I transfer my home to someone else if I have judgements against me?

Basically I have 2 judgements against me and am being sued for another debt I owe. I make too little money for them to collect anything and I own my home, it's my homestead, and I've been told they can't touch it. It's a mobile home and I don't own the property it's... Read more »

Timothy Denison
Timothy Denison
answered on Feb 13, 2022

Yes, although depending on whether you file bankruptcy, it could be regarded as a fraudulent transfer if you don’t receive full market value at the time of the transfer.

1 Answer | Asked in Collections for Florida on
Q: I'm being sued by capital one for credit card debt. I haven't been officially served yet. Should I respond now?

I've only received mailed solicitations from local lawyers with a case number. I have not received anything official. The file date is 1/25/22. Pretrial is set for June. Debt amount was $3,000

Charles M.  Baron
Charles M. Baron
answered on Feb 5, 2022

You are under no obligation to file a response to the lawsuit until 20 days after you are served. (But if a small claim of $8K or less, you don't need to respond at all; you instead appear for a pretrial conference.) You have the option to respond without being served, but in most cases,... Read more »

2 Answers | Asked in Bankruptcy and Collections for Florida on
Q: I need a lawyer who is prono Bono

For bankruptcy I had two jobs working part-time the people who are assuming me is the bank but the truck that I got through a car dealer the very first day I drove off the lot I had trouble I had to go buy three new tires the tires were so dry rotted long story short story so they're coming... Read more »

Timothy Denison
Timothy Denison
answered on Dec 28, 2021

Contact your local bar association or legal aid society for a list of pro Bono attorney.

View More Answers

2 Answers | Asked in Collections for Florida on
Q: Am I responsible for a credit card debt that is solely on my wife name ? Also can the merchant go after my name ?
Barry W. Kaufman
Barry W. Kaufman
answered on Dec 3, 2021

No. If the owner of the credit card is your wife and you are not a co-owner, then you are not liable to the card issuer.

View More Answers

4 Answers | Asked in Collections and Small Claims for Florida on
Q: I am being sued by a collection agency for FingerHut. Court date 12-14. What can I do

I am a single mom and a student full time, and looking for a part time job, I have had quite a few obstacles the last few years and I am trying to move forward. The bill is for 1200, and I can not pay it, maybe a payment plan. I just need some help and I do not know what else to do.

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 3, 2021

Call the attorney who filed the suit or the person who signed it and try to arrange a payment plan.

View More Answers

3 Answers | Asked in Real Estate Law, Arbitration / Mediation Law and Collections for Florida on
Q: Hello I was sick with COVID and fell behind on HOA assessments and dues. HOA had now referred me to their attorney.
Jane Kim
Jane Kim
answered on Dec 2, 2021

HOA rules attach legal fees. Unless that lawyer feels bad for you, you'll be expected to pay the past due amount plus legal fees. Sorry.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.