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Florida Collections Questions & Answers
4 Answers | Asked in Real Estate Law and Collections for Florida on
Q: Can a judgment against an individual be attached to a property in an llc they own?

I have a judgment against me personally from 10 years ago (yes he renewed it). Since then I bought a property in an llc name. I'm now I'm refinancing and this judgment came up. The underwriter said it must be paid first. I don't understand.

Barry W. Kaufman
Barry W. Kaufman answered on Oct 27, 2021

When a judgment is recorded, the judgment attaches to the ownership interest in real property of the judgment debtor. You'll have to ask the underwriter these questions. Is it possible that the creditor recorded a lien against your LLC? Sure, it's possible, but unlikely. Otherwise, seek... Read more »

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1 Answer | Asked in Collections for Florida on
Q: I have an unpaid collection on my credit report but I was never aware that I owed any money. Should I dispute?

I have an outstanding collection from 2016 that is originally from an apartment complex. It was sold to a collection agency in Tampa. When I left that apartment complex, I wasn’t told that I owed any debt. I was never contacted even though my phone number never changed. I would have been easy to... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Oct 22, 2021

Can you dispute it? Sure. Will the credit bureau remove it? Probably not, because it's a valid debt.

1 Answer | Asked in Collections for Florida on
Q: I recieved a letter from a collection agency for a student loan I cosigned for my granddaughter

She lives in ohio I live in florida

Barry W. Kaufman
Barry W. Kaufman answered on Oct 17, 2021

You didn't ask a question.

You are 100% responsible to the lender for the student loan payments, just as your granddaughter is responsible.

1 Answer | Asked in Collections for Florida on
Q: I recieved a letter from a collection agency for a student loan I cosigned for my granddaughter

She lives in ohio I live in florida

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 17, 2021

If you ask no question, you generally get no answer.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Collections for Florida on
Q: How do I know if I’m being charged with unemployment fraud
Michael  Mayoral
Michael Mayoral answered on Oct 4, 2021

It is close to impossible to find out if you are going to be charged with unemployment fraud, or any crime, until it happens. Typically, a law enforcement officer making contact with you to question you is a sign that you might be being investigated for a crime. An arrest generally means a law... Read more »

3 Answers | Asked in Criminal Law, Employment Law, Civil Rights and Collections for Florida on
Q: Unemployment

Overpayment and fraud, how do I know if I’m being charged with unemployment fraud??? I’ve been notified of overpayment!

Barry W. Kaufman
Barry W. Kaufman answered on Oct 2, 2021

You didn't ask a question.

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2 Answers | Asked in Banking and Collections for Florida on
Q: Are creditors allowed to ask for bank statements to help with proof of hardship?

I’m working with a company I’ve defaulted on due to Covid hardship. I’ve sent everything and now they’re requesting to see my bank statements. My personal account over laps at times with my fiancée business account. I try not to let it happen. But there are times he needs me to do things... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 24, 2021

You are attempting to resolve a claim that a creditor has with you. They've asked for some documents which you've provided, and now they want bank statements. Are they allowed to ask for bank statements?

Of course they can ask for them. Creditors ask for bank statements all the...
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1 Answer | Asked in Criminal Law and Collections for Florida on
Q: After being sentenced to jail time and serving my sentence are the court cost covered or am I still obligated to pay it

It was criminal possession felony possession upon which I did the in-house drug treatment program at Hillsboro County falkenburg road jail. I received a letter stating that my license will be suspended if I don’t pay this amount in full by December and it’s $1400 it claims hasn’t been... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 18, 2021

Why would you assume the costs are covered? The costs are part of your sentence. Yes, you have to pay them. The costs are not waived "just because"

1 Answer | Asked in Consumer Law and Collections for Florida on
Q: how do i find out if a collection lawyer's actions qualify as abusive?

...

Barry W. Kaufman
Barry W. Kaufman answered on Sep 12, 2021

Unethical? No. There is no right to settle an account, although it is better practice to at least have told you that the creditor rejected your offer. It doesn't sound like you made much of an attempt to keep in touch, either. Collection lawyers work many accounts.

2 Answers | Asked in Small Claims, Criminal Law, Banking and Collections for Florida on
Q: A while back I had a friend he opened a credit card and added me as a authorized user I got my own card and he got his

We stopped talking haven’t had any contact for months and I’ve been taking care of the card making on time payments there is a balance due and he just froze the account and took me off the account as of today. If I don’t pay that amount that’s left owed now on the account could I be held... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 3, 2021

As an authorized user, you are not responsible to the credit card company for the balance unless the cardholder agreement specifically makes you liable. Otherwise,

The balance is on him.

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1 Answer | Asked in Collections and Small Claims for Florida on
Q: How do I request a fact info sheet after I have been awarded a judgment?

The judgment did not have language pertaining to a FIS. This was against a business and the owner in small claims court.

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 26, 2021

It depends on how the clerk of court handles it in your county. Call the clerk's office and ask; the clerk might have a form to fill out or you might need to file a motion asking the judge to order it.

2 Answers | Asked in Collections and Small Claims for Florida on
Q: How do I request a fact info sheet after I've been awarded a judgment?

The fact info sheet was not sent to the defendant (business and owner) with the final judgment notification. The defendant is ignoring this judgment.

Barry W. Kaufman
Barry W. Kaufman answered on Aug 26, 2021

If the judgment has language concerning the FIS, just do a motion requesting the court enter an order requiring the defendant respond to a FIS. Of course he is ignoring it - until you put pressure on him to voluntarily pay, he isn't going to do so.

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1 Answer | Asked in Consumer Law, Contracts and Collections for Florida on
Q: What is the best way to negotiate unsecured debt lawsuit with the original Bank? I cant afford a lawyer

I have no assets that can be taken and no money.Im not working and applied for SS disability as it will be my only income when received Im 59 y old.How can I get the lowest possible agreement with the bank.I do not want to file bankruptcy.

Barry W. Kaufman
Barry W. Kaufman answered on Jul 31, 2021

Once the bank hands the account to the lawyer/law firm, you should deal with the law firm. Call them and tell them you want to negotiate a payment plan. You will have to offer them an amount that makes sense in relation to the debt. $25 a month on a $5,000 debt is silly, as an example. (If they... Read more »

1 Answer | Asked in Social Security, Real Estate Law and Collections for Florida on
Q: in Florida, how to put a restitution lien on a property to compensate for stolen social security checks from my mailbox

my brother was caught stealing my mail from my mailbox. My father (now deceased) was living with me at the time. Brother was cashing the checks with forged signatures. Brother is trying to sell a property. Can I put a lien on his property to collect the money he stole?

Barry W. Kaufman
Barry W. Kaufman answered on Jul 28, 2021

No. There's no such thing as a restitution lien in Florida. If the checks were your father's, the representative of his estate would have to sue your brother in civil court and obtain a judgment, then record the judgment as a lien.

1 Answer | Asked in Admiralty / Maritime, Business Law, Civil Rights and Collections for Florida on
Q: Can I chain a customers boat to the dock for non payment?

I own a commercial diving business that does underwater hull cleaning and yacht maintenance. I had a customer bring his boat to the marina where I am currently staying on my own boat. After I took care of his boat he didn't show up to pay me or get his boat at the time we agreed. Rather than... Read more »

Tim Akpinar
Tim Akpinar answered on May 3, 2021

Only a Florida attorney could advise you on your specific question. But you posted under Admiralty/Maritime Law, and under U.S. maritime law, a remedy that is sometimes applied in settings where vessel interests owe money is a maritime lien. This comes up in ship mortgages, vessel collisions, crew... Read more »

1 Answer | Asked in Real Estate Law and Collections for Florida on
Q: How do I submit a file for a failed response of writ of garnishment by the garnishee

The defendants employer (garnishee),Failed to respond within 20 days of the court order

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 24, 2021

I don't know about Florida, but in my state I'd file a motion for default judgment against the garnishee along with a notice of hearing. Last year that worked and I got a ~$25k judgment against the garnishee for failing to answer the interrogatories and to withhold wages.

1 Answer | Asked in Banking and Collections for Florida on
Q: Will you have to pay back a check after you’ve cashed it if you weren’t supposed to receive it?

I received a check from Collier County school Board I cashed it and that I was called two weeks later and they told me it wasn’t supposed to receive the check and now they’re demanding that I pay it back or face legal repercussions.

Barry W. Kaufman
Barry W. Kaufman answered on Apr 15, 2021

Yes. You knew you weren't supposed to receive the money.

3 Answers | Asked in Collections for Florida on
Q: Apartment complex I owe a debt of $3000 won't send written form until I pay the debt.

I need to pay this debt off, but dont want to pay if nothing is in writing, Complex is refusing to do so.

$3000 is a lot to pay on trust.

Tom Murphy
Tom Murphy answered on Mar 24, 2021

See if you can approach them personally with a cashier's check for $3000 in hand. Tell them you will give it to them if they give you the letter.

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1 Answer | Asked in Collections and Small Claims for Florida on
Q: I did some work on a yacht ($300) and found out the owner sold it and never paid me. What can I do? Is it even worth it?

I found out Friday afternoon the owner had an offer on his boat and was closing the following Monday. I told the yacht broker about the situation and he said to email him the invoice ($300) and he would take care of it at the closing. Of course he never did. Is there anything I can do? Is it even... Read more »

Charles M.  Baron
Charles M. Baron answered on Mar 23, 2021

You may sue whomever you did the work for in small claims court, and you could first try sending a demand letter stating you will file in small claims court if not paid. Whether it's worth your time is a question only for yourself to answer. You'd have to find out from the Clerk's... Read more »

2 Answers | Asked in Criminal Law and Collections for Florida on
Q: I just recently discovered that I have a warrant in Harris County, Texas for larceny. I lived in FL since 2015.

This resulted from a $30 check written at a Houston supermarket in 2015. The check was NSF and I had no idea because I moved. I contacted Harris County Sheriff, but no info can be obtained over the phone. Do I have to return to Houston and turn myself in to resolve this?

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 17, 2021

Contact a Texas attorney to get the case resolved.

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