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Florida Collections Questions & Answers
2 Answers | Asked in Consumer Law and Collections for Florida on
Q: What do I do when the plaintiff does not respond?

A debt buyer is suing me in county court. My lawyer has tried to reach out to the debt buyer’s attorney, however there has been no response. This has been ongoing since the middle of November. What are my options? Thank you.

Charles M.  Baron
Charles M. Baron answered on Feb 5, 2020

Why are you searching on-line for your options when you are currently represented? Are you unsure about your attorney's advice? - or has your attorney failed to advise you?

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2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Collections for Florida on
Q: I got sentenced to 10 years on a trafficking charge in 2012, with that conviction was a $100,000 fine. When I went

to prison I filed an appeal. I won my appeal and my conviction was overturned. When I got home from prison I had to start paying on the fine, I've been paying $75 a month for the last 4 years. I know I shouldn't be paying the fine, how do I go about not paying anymore and getting my money back? I... Read more »

Terrence James O'Sullivan
Terrence James O'Sullivan answered on Feb 5, 2020

I think it depends on the appellate decision and what exactly was “overturned”. A lawyer would have to review your file and likely, if applicable, file a motion in court to address the issue. I hope this helps.

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2 Answers | Asked in Collections for Florida on
Q: I won in sm. claims court FL. Not been paid. Defendant has filed countersuit for $10,000 in Canada- can they
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 27, 2020

If you are being sued in Canada-but have never lived there--you might be able to get out of harms way very quickly; but you need to hire a lawyer to help you do it.

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2 Answers | Asked in Collections and Small Claims for Florida on
Q: Years ago I lent some money to a friend. He vanished and recently discovered he is a paralegal in Montana.

The loan was made in California. I live in Florida now. He is Montana. I have sent by certified mail and certified email. I know he got the correspondence. I have offered him payment plans. I have asked him to contact me if there is some issue. He continues to ignore me. I doubt there is much I can... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 14, 2020

You're probably right: there doesn't appear to be anything you can do. You would have to sue him in either California or Montana, and the statutes of limitation in either of those states are probably less than 10 years.

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1 Answer | Asked in Collections for Florida on
Q: Where to obtain key record of a debt filed as default judgment in court in 2003 collectors didn’t respond to prove it?

I doubt the debt filed in court in 2003 belongs to me . Collectors didn’t respond to my two certified letters asking them to send me original contract with the bank signed by me and the original date and amount of the debt at delinquency. It seems that they don’t have those documents because... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 6, 2019

This question is much ado about nothing important. If the debt goes back to 2003 it is uncollectible because of the statute of limitations. These bottom-feeders know that; and that is probably why they will not respond to you. And

whatever you do, do NOT agree to pay them anything--at least...
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2 Answers | Asked in Collections for Florida on
Q: Hello and Good Morning, Do commercial collection agencies have to disclose all fees being charged to the debtor in FL?

Our business was placed in a commercial collection agency for a past due bill which we recognize and we are willing to pay although the collection agency does not want to disclose a detailed breakdown of what they are charging under "collection fees" which are close to $5000 and this account is... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Dec 6, 2019

Not specifically. There is a statute which deals with commercial collection agencies, but it addresses only the requirement that an agency register with the state as such.

if I read the facts correctly, you owe the creditor $X.xx but the collection agency is demanding $X.xx plus $5,000; and...
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2 Answers | Asked in Collections for Florida on
Q: Can Collection lawyers proceed with debt collection if they did not prove a debt never responded to verification letter?

A default judgment was filed in court in2003 for credit card debt .Writ of execution issued while I was living abroad . First notice I received three months ago when my bank account was put on hold and instantly drained to the last penny never knew before about the judgment until I received a... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Dec 3, 2019

Yes they do it all the time, whether it is legal or not doesn't matter as they get a default judgment and the judges just blindly sign whatever the collector puts in front of them, it is like a conveyor belt of submitted garbage and trash from these collections companies that turn into cash. They... Read more »

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2 Answers | Asked in Collections for Florida on
Q: what can a collections lawyer do with a eviction case from 2016.. Can they take me to jail?

They told me they could put a hold on my person. I explained to her that due to bad health and being unemployed that I couldn't pay the fee that started out at $2184.84 then they said the lowest they could go was to $700. When I asked for documentation regarding this she said they didn't have to... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Nov 14, 2019

Ignore them, they are lowly collection people, they cannot arrest you, they can try to file a lawsuit and get a judgment and if you do not have anything or make very little, they cant even collect that at all, they are trying to fear-monger you into paying or agreeing to do something that you do... Read more »

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1 Answer | Asked in Collections for Florida on
Q: Can a collection agency report an old debt as new?

I had a collection fall off my credit score and here recently the same collection was reported under a new debt collection agency. They're reporting old past due amounts as if they are new. Is this legal?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 12, 2019

No. Unless you somehow renewed this old debt (by trying to make payments recently) you will need to contact the credit bureau and file a challenge to this old debt.

1 Answer | Asked in Collections for Florida on
Q: I’m counterclaiming someone suing me - should I Or do I have to put a dollar amount I’m Suing for on counterclaim
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 7, 2019

Yes; but if you are in a small claims court the dollar amount should not be too high because the county court judge will lose jurisdiction--and you will end up paying larger filing fees.

2 Answers | Asked in Contracts and Collections for Florida on
Q: What is notice of withdrawal of notice of voluntary dismissal
Linda Liang
Linda Liang answered on Nov 4, 2019

Are you being sued by someone? It seems a party has filed notice to withdraw the complaint and changed their minds thereafter.

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1 Answer | Asked in Collections for Florida on
Q: If my credit card is charge off can they keep adding to my balance
Barry W. Kaufman
Barry W. Kaufman answered on Nov 1, 2019

1. Who is they?

2. Generally, after the CC is charged off, the balance is frozen. However, interest may accrue on the charged off balance, depending on your credit card agreement and how your creditor or its outside lawyers interpret the agreement.

3. If the creditor brings a...
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2 Answers | Asked in Collections, Landlord - Tenant and Small Claims for Florida on
Q: Can a landlord send a claim to collections without litigation first? Miami, FL

After vacating my apartment complex, my previous landlord is threatening to send claims to collections. We did not put down a security deposit. We dispute the claim they are making. They refuse to send me the bill for damages, just stating " it cost xxxx to fix." They have only contacted me through... Read more »

Charles M.  Baron
Charles M. Baron answered on Oct 30, 2019

By "collections", I think you mean using a collection agency or collection law firm to demand payment from you. Sure, that's merely using a third party to act on behalf of the landlord instead of the landlord itself/himself/herself making the demands. If that occurs, send back a written dispute... Read more »

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1 Answer | Asked in Consumer Law and Collections for Florida on
Q: Can Garnishment be reopened?

I received a letter in April 2018 saying that the Plaintiffs Notice of Dissolvetion of Continuing Writ of Garnishment. Now being told they reopened it . What can I do? I am so Confused.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 21, 2019

You must have had your wages or some other income garnished; right? And so--back in April--the person or lender who sued you and received the garnishment must have though the debt had been fully discharged because they told the court--an d the bank--that they were "dissolving" the continuing writ.... Read more »

1 Answer | Asked in Consumer Law and Collections for Florida on
Q: What kind of attorney specializes in mortgage lender negligence? We almost lost our home before their mistake was found.

Purchased a house in October 2018 and mortgaged through Suntrust. In December 2018, they increased our tax escrow from $350 to over $700 a month. I challenged having to pay taxes of the prior owner for 2018 multiple times. In March 2019, I became disabled and lost my job. Tried to work with... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 19, 2019

Unless you actually lost your home to a foreclosure caused by negligence of the lender you are barking up the wrong tree. You cannot sue anyone unless you can prove some actual injury that caused some cognizable damages. "Almost lost our home" is NOT a legal injury; why? Because you still have the... Read more »

1 Answer | Asked in Collections, Contracts and Landlord - Tenant for Florida on
Q: I have a grown son living in my house. We want him to move out. The problem is my wife borrowed four thousand from him

For the down payment. We have been paying him back one hundred a month. He says we can't make him leave because of the money and because he lives here and receives mail here. What can we do?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 14, 2019

This is not a legal question. This is a (very sad) personal dilemma created by you and your grown son. Unless the oral contract between you and your son is in writing it is no enforceable--by you or your son. Thus I am unaware of any legal remedy you could use lawfully to evict your son. At best... Read more »

1 Answer | Asked in Consumer Law and Collections for Florida on
Q: My car was repo on Sunday why the dealership I bought the car from but I have been paying this finance copy for 2 year

but the dealership say they havent been paid in 2 years.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 9, 2019

You will have to hire a lawyer to investigate all the facts and help you recover your car.

1 Answer | Asked in Child Support and Collections for Florida on
Q: My father rarely paid support when I was a child. I am now 36 yrs old and he received a collection letter from NY.

Money due to my mom. Can I give up my rights to this money or my mom has to give up her rights? My father doesn't have any money. The letter threatens the loss of his license, passport or jail time. I now live in Florida and my father lives in AZ.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 7, 2019

The sate collection effort does not involve you; why? Because Florida is collecting old support due to your mother, not to you. However, it may be possible for your mother to intercede and tell the Florida Department of Revenue that she no longer wants Florida to prosecute your father; and tell... Read more »

1 Answer | Asked in Collections for Florida on
Q: If my name was wrong on the credit card can collections take my money?

My name is James but my defaulted credit card and collections have it as Jamie's. Can lawyers find a loophole in this so collections doesnt take my paycheck?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 30, 2019

No, because "find a loophole" is not what honest lawyers do.

3 Answers | Asked in Bankruptcy, Business Law and Collections for Florida on
Q: Do I need to file an exemption for wage garnishment if the wrong SS# was used in the original judgment?

A judgment was filed against me in 2014. I was unemployed and could not pay the credit card. I am now living only on Social Security. The original card owner was my husband but I used the card. The court documents show his social security number as mine. When I tried to call the collection agency... Read more »

Charles M.  Baron
Charles M. Baron answered on Sep 5, 2019

You DO need to file an exemption, despite a wrong SSN being listed. You are not required to have an attorney, but it's best that you have one, and you may be able to get a pro bono attorney by contacting your local agency that provides free legal services for the poor. You appear to be in Ocala,... Read more »

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