Florida Collections Questions & Answers
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.
Q: Hello , I am being sued for a credit card I never opened , someone used my name to open a cc and left me with debt.
Alex McClure's answer
Whether you can successfully defend their claims is something no one can tell you without a thorough review of your case. Be prepared for them to request bank statements of yours going back years if you claim the account isnt yours.
Also, if the address on the account statements is an address you live at or lived at, you will face problems there, too. Best thing you can do if you cant hire an attorney is prepare your defense the best you can by reviewing carefully the evidence that...
Whether you can successfully defend their claims is something no one can tell you without a thorough review of your case. Be prepared for them to request bank statements of yours going back years if you claim the account isnt yours.
Also, if the address on the account statements is an address you live at or lived at, you will face problems there, too. Best thing you can do if you cant hire an attorney is prepare your defense the best you can by reviewing carefully the evidence that...
Q: Good Morning, my employer just received a writ of garnishment from Midland Credit Management. I need help ?
Terrence H Thorgaard's answer
If they have a writ of garnishment, they first obtained a judgment. To get a judgment they would have had to serve you with process. If they did that, it's probably too late to contest the amount owed. If you are providing more than half of the support of a dependent in your household, you should file a claim of exemption ASAP.
If they have a writ of garnishment, they first obtained a judgment. To get a judgment they would have had to serve you with process. If they did that, it's probably too late to contest the amount owed. If you are providing more than half of the support of a dependent in your household, you should file a claim of exemption ASAP.
Q: Wife owes 300.00 to collection co. In colo., we live in fl. They said they would do a uninvolitary collection
Jennifer Isaksen's answer
I'm not exactly sure! Collection companies are known to use creative means to collect debts and this sounds like it could be one of them. The fact is, a collection company can only call and write demands for payment and if you inform them not to contact you by phone and request that all communication must be in writing, they can only write you letters or else they will be in violation of the Fair Debt Collection Practices Act, which carries mandatory monetary penalties against the collection...
I'm not exactly sure! Collection companies are known to use creative means to collect debts and this sounds like it could be one of them. The fact is, a collection company can only call and write demands for payment and if you inform them not to contact you by phone and request that all communication must be in writing, they can only write you letters or else they will be in violation of the Fair Debt Collection Practices Act, which carries mandatory monetary penalties against the collection...
Q: If a judgement is ordered for monetary of 10,000 and to post collateral of 260,000 but do not have collateral then what?
Andy Wayne Williamson's answer
Sorry for your situation. There is no way to say without knowing more details. I suggest that you consult with an attorney from your area to go over the full details and then get specific advice.
Sorry for your situation. There is no way to say without knowing more details. I suggest that you consult with an attorney from your area to go over the full details and then get specific advice.
Q: Im work in collections in FL and my employer wants me to answer this letter from a CA. atty. im concerned if I should.
2 Answers
| Asked
in
Business Law, Collections and Consumer Law
for
Florida
on
Answered on Apr 18, 2018
Answered on Apr 18, 2018
Terrence H Thorgaard's answer
You didn't copy the entire letter. What specifically demand that your agency cease doing?
No, you aren't taking the fall; you are doing your job. Answer the letter.
You didn't copy the entire letter. What specifically demand that your agency cease doing?
No, you aren't taking the fall; you are doing your job. Answer the letter.
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