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Florida Collections Questions & Answers

2 Answers | Asked in Civil Litigation, Collections and Contracts for Florida on

Q: I have a roommate who has not paid rent since past at least 2 months. How can I evict her & collect back rent?

She was given an agreement next day to sign that gave all the details about rent amount, when, where and how to pay, etc. She never signed the agreement. I asked her to provide police report, she has not produced yet. I made search on internet to find that she has a criminal record of illegal... Read more »

Charles M. Baron answered on Aug 13, 2019

Your best bet is to hire an attorney to give the notice that's legally required before you can file an eviction case, then to file the case on your behalf. No case can be filed unless the notice, in totally proper form, is given to the tenant. If you can't afford full services of an attorney, you... Read more »

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1 Answer | Asked in Civil Litigation, Collections, Securities Law and White Collar Crime for Florida on

Q: I own a small marketing business and I have a former client who won't pay his invoices.

I discontinued work with this particular client because I discovered he was committing what I was quiet certain was investor fraud and did not want this to affect my or my companies reputation. I later discovered that he left the state of Connecticut because he had been summoned and fined for the... Read more »

Bruce Alexander Minnick answered on Jul 18, 2019

Unless you sue the deadbeat client and receive a Judgment, collecting all the money they owe you is nearly impossible--especially without competent counsel to help you. Look for a good lawyer using the Find a Lawyer tab at the top of every page.

2 Answers | Asked in Consumer Law, Appeals / Appellate Law and Collections for Florida on

Q: I have a garnishment on my checking account and account is now froze. I get social security of 834. And have a new job

I have no money for food or gas and with frozen account I will lose my home and car . I never about this till I got letter in mail from my bank and portfolio recovery associates.

Gary Kollin answered on Jul 11, 2019

Social security is exempt from garnishment. You should have filed a challenge. You still can.

I know thta will apply prospectively, I do not know if it can act retrospecfully and you can get any monies already garnished back

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1 Answer | Asked in Collections for Florida on

Q: I loaned my girl friend $10,000.00 to straighten out her personal affairs will I be able to get my money back?

I, gave her one whole year before she had to start paying me back. she is not calling me back telling our mutual friends she not able to pay me back

Bruce Alexander Minnick answered on Jul 1, 2019

No one on earth could possibly know or tell you whether you "will get your money back" from YOUR girlfriend. If you still care about her, tell your "mutual friends" that you will accept some reasonable monthly repayment schedule; and then if she agrees, get it reduced to writing.

1 Answer | Asked in Contracts and Collections for Florida on

Q: Can a stiffed worker re-bill the stiffer using another calculation, i.e. sq. ft. instead of hourly?

Stiffer ignores Stiffee’s bills for months. Stiffee gave huge deal /great service, wants to re-bill at market labor cost and then hire an attorney.

Tim Akpinar answered on Jun 29, 2019

One option here could be to arrange a brief consult with a Florida attorney first before doing anything involving reissuing bills under a different set of computations. It's all up to you, but a good Florida attorney could look at your overall situation in terms of the underlying... Read more »

1 Answer | Asked in Collections for Florida on

Q: What happens if I fail to apear for a smalls claims mediation in Lake County florida

Phillip William Gunthert answered on Jun 26, 2019

They will get a default judgment most likely and they win, then they will start the process of trying to find out about your assets and work towards trying to garnish your accounts and employment pay. It is advised that you attend the mediation, do not let them bully you, do not sign anything you... Read more »

1 Answer | Asked in Civil Litigation, Collections and Landlord - Tenant for Florida on

Q: Collections company is seeking $2000+ for carpet replacement from 08/2016-08/2017.

We were at an apartment complex from 08/2016-08/2017. Before and after the lease we completed the inspection form and noted the status of the carpet (hard, in need of cleaning, stains). After we moved out we gave them our new address and went on with our lives just thinking we'd never see our... Read more »

Bruce Alexander Minnick answered on Jun 25, 2019

The amount of money involved is worth hiring a lawyer to review your old lease and the documents being provided by the collection company, and any other written documentation favorable to your case (like a copy of the "notifications" of the terrible condition of the carpet when you moved in). Some... Read more »

1 Answer | Asked in Criminal Law, Collections and Elder Law for Florida on

Q: my mom lives in Delray and was taken advantage of by painter . They took her money but did not finish. Who can help us?

I cancelled the job when my mom got sick and they agreed to it and was supposed to refund her money. That took 3 months of text messages that I have copies of. She never got her money. They talked her into doing the job when i was not consulted. They charged her extra for a shower door and did not... Read more »

Bruce Alexander Minnick answered on Jun 11, 2019

Hire a litigation lawyer and sic them on the thief.

2 Answers | Asked in Collections for Florida on

Q: My mom passed away in Florida in February of this year. She died intestate and with a legally insolvent estate.

My mom's income each month was an IBM survivor's pension (~$1000), Social Security (~$1000), and a Veterans Admin "Aid and Attendance" assisted living pension (~$1300).

As I understand Florida law, all of these sources were protected from creditors. She was living in assisted living before... Read more »

Phillip William Gunthert answered on Jun 2, 2019

Very sorry for your loss and please accept my condolences.

As you have stated, there are no assets and you have not co-signed on any debts. There is no responsibility or requirement to open a probate ever. You can comfortably and entirely ignore all creditors, they are out of luck and have...
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1 Answer | Asked in Collections for Florida on

Q: Can a judgment creditor and debtor reach their own garnished-cash-rent agreement and ask the judge to document it?

The garnishee would be the "occupant/tenant" of the rental address (not a person's name), for the partial rent, and would be the only tenant occupying the single rental, and the agreement would keep the tenant's rights, and responsibilities to landlord, intact. It's all the same to the tenant.

Bruce Alexander Minnick answered on May 30, 2019

The parties do not need a judge to "document it." That is not what judges do. Both of you should hire a lawyer and have them draft whatever needs to be drafted. As you say, the tenant should not care; all he does is write rent checks to whoever is supposed to get the money. The landlord MUST agree;... Read more »

2 Answers | Asked in Collections for Florida on

Q: Can a judgment creditor garnish the rental income of a judgment debtor in Florida?

The defendant would be a landlord who collects rent in cash only, and the creditor's judgment would be $1000.

Terrence H Thorgaard answered on May 30, 2019

i don't see why not.

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1 Answer | Asked in Personal Injury, Car Accidents, Collections and Identity Theft for Florida on

Q: I'm about to sign papers to accept my lawsuit settlement offer but i had idenity theft issues. Someone filed taxes Under

My name and now i owe the irs as a result of they actions. Will the irs take my lawsuit until this is straightened out or will i get my money?

Bruce Alexander Minnick answered on Apr 30, 2019

This is a very important question. You really need to hire a competent lawyer to advise you. Try using the lawyer you used to get the settlement; he will want his share first.

1 Answer | Asked in Contracts, Business Law and Collections for Florida on

Q: I'm a certified electrician an did a verbal contract with buss. they have made a part payment in three years

it has been three years seens I completed job

Griffin Klema answered on Apr 11, 2019

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... Read more »

1 Answer | Asked in Collections for Florida on

Q: Medical office told me they accepted my hmo. Was treated 45 times then told they dont accept my they bill me

Please help. I am treated daily at a methadone clinic. I receive medicaid from state of Florida which pays 100% of bill. For about a year i had an hmo Molina heathcare. Recently molina is no longer with medicaid. I asked my counselor at clinic. What hmo to switch to she said staywell, Humana and... Read more »

Bruce Alexander Minnick answered on Mar 27, 2019

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... Read more »

1 Answer | Asked in Consumer Law and Collections for Florida on

Q: Am I waiving my rights to deny the claim during pretrial by attempting to settle with the lawyer prior to court date.

Being sued by a debt buyer for 810 plus costs in small claims court

Terrence H Thorgaard answered on Mar 25, 2019

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.

1 Answer | Asked in Collections and Small Claims for Florida on

Q: If I have not received a summons to appear in court do I need to go?

I found out I was being sued by a creditor by looking the case up online. It said I need to appear in court on 3/27/19. I have not been served with a summons yet.

Barry W. Kaufman answered on Mar 25, 2019

There is no requirement that you appear if you have not been served.

1 Answer | Asked in Consumer Law, Contracts, Business Law and Collections for Florida on

Q: Can a merchant set a minimal payment requirement on a debit card?

I went to a merchant (farm store) in Florida and ordered $3 worth of items. Without him saying anything, he charged me $5.30 and gave me the receipt. When I read it he said “it’s $5.30 cause he said there is a minimal purchase requirement with my card (debit card). He then told me to pick... Read more »

Adam Savett answered on Mar 11, 2019

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... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Collections and Contracts for Florida on

Q: Services completed, texts to prove that the insurance money was collected by the customer but they wont pay. Over months

Good morning, I work for a tree company ran out of Illinois. I had a question as I'm at a standstill on what to do. We have completed work for a customer with a signed invoice and text proof that they have received the insurance money to take care of the emergency tree service we provided. If you... Read more »

Griffin Klema answered on Feb 13, 2019

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... Read more »

1 Answer | Asked in Collections for Florida on



Barry W. Kaufman answered on Dec 12, 2018

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... Read more »

1 Answer | Asked in Public Benefits, Social Security and Collections for Florida on

Q: Can social security benefits be garnished for unpaid out of state (New York) medical bills if a judgment is awarded?

My father is retired, lives in Florida and receives social security benefits. In 2015 At age 64(was on ssid) he was admitted to the ER in New York (state funded hospital) while on vacation for heart related issues. Had no insurance at the times as he had been placed on social security disability... Read more »

Barry W. Kaufman answered on Oct 9, 2018

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... Read more »

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