Florida Collections Questions & Answers
Q: I'm a certified electrician an did a verbal contract with buss. they have made a part payment in three years
Griffin Klema's answer
You are approaching the end of the statute of limitations for breach of contract (four years). Unfortunately, you're probably beyond the time period for filing a lien on the property to secure payment for your services. Nevertheless, I strongly recommend you either file a suit yourself in small claims, or engage the services of an attorney quickly before the statute of limitations runs out. I would be pleased to discuss your case further. 202-713-5292.
You are approaching the end of the statute of limitations for breach of contract (four years). Unfortunately, you're probably beyond the time period for filing a lien on the property to secure payment for your services. Nevertheless, I strongly recommend you either file a suit yourself in small claims, or engage the services of an attorney quickly before the statute of limitations runs out. I would be pleased to discuss your case further. 202-713-5292.
Q: Medical office told me they accepted my hmo. Was treated 45 times then told they dont accept my hmo.now they bill me
Bruce Alexander Minnick's answer
No experienced lawyer I have ever known was ever surprised by the things insurance companies do to avoid paying benefits. If Medicaid will pay for your methadone you should use it; if not, you should stay on top of your situation because whatever any insurance company says today is subject to change tomorrow. Meantime, since you need your medication every day, it is far wiser to accept the payment plane and then, after everything is said and done, you can try going back against the health...
No experienced lawyer I have ever known was ever surprised by the things insurance companies do to avoid paying benefits. If Medicaid will pay for your methadone you should use it; if not, you should stay on top of your situation because whatever any insurance company says today is subject to change tomorrow. Meantime, since you need your medication every day, it is far wiser to accept the payment plane and then, after everything is said and done, you can try going back against the health...
Q: Am I waiving my rights to deny the claim during pretrial by attempting to settle with the lawyer prior to court date.
Terrence H Thorgaard's answer
No. If, at the pretrial conference you discuss settlement possibilities with the plaintiff's attorney (with or without a mediator), such discussions cannot be considered an admission of liability on your part, should settlement be unsuccessful and the case is set for trial.
No. If, at the pretrial conference you discuss settlement possibilities with the plaintiff's attorney (with or without a mediator), such discussions cannot be considered an admission of liability on your part, should settlement be unsuccessful and the case is set for trial.
Q: Can a merchant set a minimal payment requirement on a debit card?
1 Answer
| Asked
in
Consumer Law, Contracts, Business Law and Collections
for
Florida
on
Answered on Mar 11, 2019
Answered on Mar 11, 2019
Adam Savett's answer
It's probbaly not illegal for the store to try and set a minimum for debit card purchases, but it most likely violates the rules they agree to with Visa or MasterCard. But, swiping the card for more than the purchase amount and then telling the customer after the fact might very well be considered a deceptive practice, and that might violate Florida's consumer protection law.
MasterCard says:
"MasterCard does not permit merchants to set a minimum transaction amount to accept...
It's probbaly not illegal for the store to try and set a minimum for debit card purchases, but it most likely violates the rules they agree to with Visa or MasterCard. But, swiping the card for more than the purchase amount and then telling the customer after the fact might very well be considered a deceptive practice, and that might violate Florida's consumer protection law.
MasterCard says:
"MasterCard does not permit merchants to set a minimum transaction amount to accept...
Q: Services completed, texts to prove that the insurance money was collected by the customer but they wont pay. Over months
1 Answer
| Asked
in
Business Law, Civil Litigation, Collections and Contracts
for
Florida
on
Answered on Feb 13, 2019
Answered on Feb 13, 2019
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!
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!
Q: IM ASKING A QUESTION BECAUSE THE OTHER DAY DEC. 10 2018 I RECEIVED A COURT NOTICE
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...
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...
Q: Can social security benefits be garnished for unpaid out of state (New York) medical bills if a judgment is awarded?
1 Answer
| Asked
in
Public Benefits, Social Security and Collections
for
Florida
on
Answered on Oct 9, 2018
Answered on Oct 9, 2018
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.
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.
Q: How can I collect a debt owe from someone in Puerto Rico that refuses to pay while I am in Florida?
Barry W. Kaufman's answer
You can sue them in Puerto Rico, or hire a debt collector who collects debts in Puerto Rico.
You can sue them in Puerto Rico, or hire a debt collector who collects debts in Puerto Rico.
Q: What is the statute of limitation for a debt collecton to file suite to collect on a civil jugment for court costs?
Barry W. Kaufman's answer
Civil judgments are valid for 20 years. Arguably, this judgment is not debt as defined by the FDCPA.
Civil judgments are valid for 20 years. Arguably, this judgment is not debt as defined by the FDCPA.
Q: I'm in the process of paying my bankruptcy lawyer but have one of my creditors filing a civil suit.
Barry W. Kaufman's answer
You can't do anything to stop the creditor from filing the suit, except enter into a payment arrangement.
You can't do anything to stop the creditor from filing the suit, except enter into a payment arrangement.
Q: In Florida, we paid contractor in cash 11/22/17. They called July/2018 saying they were not paid. Can they do this?
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.
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.
Q: How do I obtain a civil subpoena for production of bank account information?
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...
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...
Q: Married in MA (married 34 years); moved to St. Pete, FL in 1997. Am I'm responsible for husbands debt?
Barry W. Kaufman's answer
If you are not an account owner, you are not responsible for your husband's credit card debts.
If you are not an account owner, you are not responsible for your husband's credit card debts.
Q: So I woke up this morning to my bank account being 5000.00 negative. This if from 2006 my codefendant is deceased
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.
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.
Q: Hi a debt collection called me I don't pay them they threaten me to take my social security check and take me to
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.
Hope this helps.
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.
Hope this helps.
Q: What sum cost are included on page 2 of Motion For Continuing Garnishment?
2 Answers
| Asked
in
Civil Litigation, Collections and Small Claims
for
Florida
on
Answered on Jun 19, 2018
Answered on Jun 19, 2018
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...
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...
Q: Help on claim of exemption and request for hearing. Bank account frozen by collection lawyers. Support 3 special needs
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.
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.
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