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Florida Collections Questions & Answers
2 Answers | Asked in Civil Litigation, Civil Rights and Collections for Florida on
Q: I'm being sued for replevin on a rent to own shed. I missed the first summons but judge denied default for 7.060 & 7.170

In 2000 I signed a rent to own new shed. When they delivered it they caused damages. I reported the damages and they said they would come replace all damaged. They did not. I started making payments on it and paid about two years which is close to cash price. My car broke down and I got behind on... View More

Jane Kim
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answered on Jan 28, 2024

Sounds like it is in small claims court and you are required to appear. The Judge or the court personnel will explain what is happening and what you are expected to do next. But you must enter an appearance or the other side will obtain a judgment against you.

Good luck.

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2 Answers | Asked in Civil Litigation, Civil Rights and Collections for Florida on
Q: I'm being sued for replevin on a rent to own shed. I missed the first summons but judge denied default for 7.060 & 7.170

In 2000 I signed a rent to own new shed. When they delivered it they caused damages. I reported the damages and they said they would come replace all damaged. They did not. I started making payments on it and paid about two years which is close to cash price. My car broke down and I got behind on... View More

James L. Arrasmith
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answered on Jan 28, 2024

It's important to respond to the summons and attend the court hearing on February 29th. Ignoring a court summons can lead to a judgment against you, even if you have valid defenses against the replevin claim.

Given the complexity of your case, including the initial damage to the shed,...
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1 Answer | Asked in Divorce, Family Law and Collections for Florida on
Q: Is a Judgment for ex to pay back misappropiated retirement benefits qualify as 'court ordered victim restitution'?

In order to garnish SSI benefits, one qualification is that an Order/Judgment should reflect and show on its face it is a "court ordered victim restitution." 42 USC 662(e)(2); 5 CFR 581.305 (a) (3).

Is a CA Family Law Court Order / Judgment for stolen retirement benefits... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 10, 2024

No. An order for victim restitution would have been ordered in a criminal case, not in a civil case such as a family law court case.

By the way, it doesn't appear that 42 USC 662 (once a federal statute) exists. "Section 662, act Aug. 14, 1935, ch. 531, title IV, §462, as added...
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1 Answer | Asked in Tax Law and Collections for Florida on
Q: Bank of America refuses to send me a 1099-C for tax year 2022 even though Statute of Limitations has expired June 2022.

IRS regulations 1.6050P-1(b)(2)(i)(F) and (G) are very clear that if a debt has reached the statute of limitations it is one of the trigger items (Identifiable event) that require a 1099-C Cancellation of Debt be sent out. It further states that this section applies whether or not an an actual... View More

James L. Arrasmith
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answered on Nov 19, 2023

The IRS regulation 1.6050P-1(b)(2)(i)(F) and (G) does stipulate that certain identifiable events, such as the expiration of the statute of limitations on a debt, can trigger the requirement for a creditor to issue a 1099-C, Cancellation of Debt form. However, the application of this regulation can... View More

2 Answers | Asked in Criminal Law and Collections for Florida on
Q: Is this real??

CASH ADVANCE INC (THE CASH ADVANCE GROUP)

Attention, Debtor

LAWSUIT COURT CASE FILE NO: #UDT-5734942

LAWSUIT COST - $768.46 (INCLUDING ATTORNEY FEE/COURT FEE/ALL TAXES)

LOAN SETTLEMENT AMOUNT- $576.35 (Today’s Settlement Amount, 25% waived off)... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 30, 2023

I agree; it appears to be some sort of a scam. Some things that i question include the language " You will be represented @ 700 Stewart Street, Seattle, WA - 98101". Someone else is asking you for money, so you are not being represented by anyone. But it does suggest that they are... View More

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2 Answers | Asked in Consumer Law and Collections for Florida on
Q: Next steps after receiving zombie debt notice

I live in Florida, and received a debt validation notice trying to collect on an alleged debt with a Florida based credit union (presumably alleged credit card debt), saying the "debt is now owned by [collection agency's name]". Notice states their info shows a balance dated April... View More

Angelo "Tony" Marino Jr.
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answered on Oct 22, 2023

The statute of limitations for written contracts is 5 years in Florida. However, most agreements state in which what state the laws apply to the agreement. Having said that, I am not aware of any state where the statute of limitations exceeds 10 years.

I would send a cease-and-desist...
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1 Answer | Asked in Arbitration / Mediation Law, Collections and Consumer Law for Florida on
Q: Is arbitration against the creditor or the collections agency that the creditor sold the debt to?
Tim Akpinar
Tim Akpinar
answered on Oct 5, 2023

A Florida attorney could advise best, but your question remains open for two weeks. It could depend what the arbitration is for - general negotiation, challenging basis for debt, claim for misconduct, etc. It could also depend on the right to use arbitration as a forum. Sometimes that's... View More

2 Answers | Asked in Foreclosure, Contracts, Real Estate Law and Collections for Florida on
Q: No liens, no foreclosure in 12 years on old HOA assessment dues due to mismanagement

Recently got statement to pay within 30 days, did the statue ran out on collections, lien and foreclosure on the very 1st payment missed 12 years ago? Good track record of timely payments, management's record, not so good for posting those payments. Thanks,

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 23, 2023

The statute of limitations is five years; however, if you made payments in the 12 years they are applied to interest, late fees, attorneys' fees and costs first and then any remaining balance is applied to the oldest assessment. If you hadn't made any payments in those 12 years you would... View More

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2 Answers | Asked in Foreclosure, Contracts, Real Estate Law and Collections for Florida on
Q: No liens, no foreclosure in 12 years on old HOA assessment dues due to mismanagement

Recently got statement to pay within 30 days, did the statue ran out on collections, lien and foreclosure on the very 1st payment missed 12 years ago? Good track record of timely payments, management's record, not so good for posting those payments. Thanks,

Charles M.  Baron
Charles M. Baron
answered on Sep 23, 2023

I assume you are talking about a Florida HOA. You appear to be writing from Michigan but asking about a Florida issue. Best to promptly consult an attorney handling community association law in your area. I personally would need to research your issue to give a reliable answer - but be aware of... View More

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2 Answers | Asked in Collections for Florida on
Q: What does Satisfaction of garnishment mean?
T. Augustus Claus
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answered on Jul 27, 2023

A Satisfaction of Garnishment is a document that confirms a debt has been fully paid, releasing the garnishee from further obligation to withhold money. Once filed, the garnishment order is resolved, and the debtor's wages or account are no longer subject to garnishment for that debt.

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2 Answers | Asked in Collections for Florida on
Q: What does Satisfaction of garnishment mean?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 27, 2023

A satisfaction of judgment is something that a judgment creditor might file to indicate that the judgment has been collected and is no longer owed by the judgment debtor (normally the defendant). A writ of garnishment is issued by a court directing a bank or employer to monies belonging to a... View More

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1 Answer | Asked in Collections for Florida on
Q: Is there a statute of limitations on collecting Ohio income taxes

Claim is over 15 years and we are now being threatened they are going to attach all financial accounts. Man is 77 years old living on SS. If they take his money he will be on the street

Charles M.  Baron
Charles M. Baron
answered on Jun 28, 2023

Since you are writing from Land O'Lakes Florida, mostly Fla. attorneys will see your post and cannot answer your question. Only an Ohio attorney can do so. In any event, Social Security benefits are generally protected from collection actions, even by the IRS. The gentleman needs to... View More

2 Answers | Asked in Civil Litigation, Collections and Consumer Law for Florida on
Q: What resets the statute of limitations for debt collection?

I was contacted by a debt collector (possible scammer) about a car that was repoed 14 years ago. He threatened to sue me and garnish my wages. After the call, I looked up the statute of limitations in Florida (5 years), but I understand some actions can reset the clock, like accepting a payment... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 24, 2023

You ARE at risk of resetting the limitations period clock if you agree that you owe the debt or do anything that arguably indicates you agree to it. In that event, the creditor (or its assignee/successor) may sue you for account stated, for which there is a 4-year limitations period starting from... View More

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1 Answer | Asked in Collections and Contracts for Florida on
Q: Can I dispute a debt from a collections agency that I feel is unjust?

I was planning on attending university, so I put down a $300 reservation for a room, though around a month later I had to cancel due to financial reasons. When I applied for the room, an email was automatically sent to my student email account connected to the university which had terms stating... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 4, 2023

This is a fairly simple legal issue - either your entered into a valid contract agreeing to the cancellation fee, or you didn't. To enter into such a contract, you would either have to sign it in ink or electronically, or check an on-line box agreeing to terms and conditions that you are able... View More

1 Answer | Asked in Bankruptcy, Consumer Law, Estate Planning and Collections for Florida on
Q: 2006 Judgment Still an Issue--New Developments

01/2003 A credit card debt was acquired by Sarasota CCM and they obtained a judgment in in Illinois.

01/2009 I moved to Florida and three years later they registered the judgment in Florida.

09/2000 They garnished a checking account.

No communication from them between... View More

Charles M.  Baron
Charles M. Baron
answered on May 26, 2023

Three options (other than paying in full): 1. Attempt to settle up, such as by offering X cents on the dollar and/or paying in monthly installments over X number of years; 2. File for bankruptcy if eligible (consult a bankruptcy attorney); 3. Determine if you are judgment-proof and can just let... View More

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for Florida on
Q: Is it legal for my management to threaten foreclosure on me for sending HOA invoices to an incorrect address?

I moved into a condo in Bradenton from New York. My HOA instructions and unique pin for accessing the payment portal was sent to the wrong address for consecutive months. I had asked 3 times for my management to send the paperwork to my new address. For this reason I was unable to pay my dues at... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 27, 2023

These are particularly troublesome issues to deal with because Florida law does not favor owners in these situations and owners are not familiar with dealing with the ins and outs of living in a community association, especially if you are just moving to Florida.

The first thing you...
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1 Answer | Asked in Consumer Law, Contracts, Business Law and Collections for Florida on
Q: Am I able to cancel a Medspa loan if services were not performed?Medspa was emailed within 3 bus days to cxl agreement.

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... View More

Charles M.  Baron
Charles M. Baron
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... View More

2 Answers | Asked in Collections and Small Claims for Florida on
Q: I missed a pretrial conference and had a judgment entered against me in small claims court. This is for assumed cc debt

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... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 16, 2023

I'm guessing that the form of judgment is what the plaintiff's attorney sent to the judge to be signed. For some reason you didn't get a copy of the signed and entered judgment.

You were defaulted, so the plaintiff didn't need to prove its case as it would have need to...
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2 Answers | Asked in Collections and Small Claims for Florida on
Q: I missed a pretrial conference and had a judgment entered against me in small claims court. This is for assumed cc debt

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... View More

Barry W. Kaufman
Barry W. Kaufman
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...
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2 Answers | Asked in Collections, Real Estate Law and Bankruptcy for Florida on
Q: I got sent to court for non payment of timeshare then negotiated for payment plan but was unable to pay that either

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

Charles M.  Baron
Charles M. Baron
answered on Dec 13, 2022

To add to Ms. Kim's answer, though a creditor cannot take or force a sale of your homestead residence, the judgment lien would potentially be a problem if you sell your home in the future. You say you are unable to pay, which I assume means you cannot afford to pay. You therefore may be... View More

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