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Florida Collections Questions & Answers
1 Answer | Asked in Contracts, Criminal Law, Civil Litigation and Collections for Florida on
Q: Did he break a law when I asked him to sign receipts and he signed gibberish?

I am being sued by a person who claims that I owe him money. He did work on my boat in Jacksonville, Florida. I may have signed a contract to him to confirm this work agreement but I am not sure. I have paid him some of his fees and had him sign receipts to me. He deliberately signed gibberish... View More

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Aug 26, 2016

If you had a contract honor it. He also has an argument that he partially performed, being he did work and you paid part, solidifying the contract even if it was or was not signed. This is not a criminal law question though.

1 Answer | Asked in Collections, Contracts and Landlord - Tenant for Florida on
Q: My roommate is going back on a verbal agreement on payment that I also have on text. What can I do?

My roommate, who was not on the lease, agreed to pay me $560 upon moving out. I have it in writing (on text) that she proposed and agreed to that but now she's only offering 200$ is there anything I can do?

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Aug 26, 2016

Sue but it will cost you nearly the $360 difference just in filing fees which you will not get back as there is not contractual provision between you for attorney's fees or cost. It may also raise issues with your landlord about illegal subleasing that you dont want raised.

1 Answer | Asked in Collections and Foreclosure for Florida on
Q: My home was foreclosed on over 3 years ago, now the bank that had a second mortgage is suing for balance owed?

also the bank reported to the IRS a cancellation of debt. Isn't there a 1 year period that the bank had to this ? now the bank wants to garnish wages and all assets

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Aug 26, 2016

Yes a 1 year period from the foreclosing bank (the 1st here) to come after you for the money. The 2nd has years to sue you from the breach. Lawyer up ASAP.

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for Florida on
Q: I am desperately looking for a professional attorney specialized in Florida Condominium Law. Thanks!

What is the best way to find a lawyer? I need representation against a very bad condo association for so many clear violations of law taking place in our association.

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Aug 24, 2016

Look online for reviews and on sites like Avvo.

1 Answer | Asked in Collections and Consumer Law for Florida on
Q: Florida. buy here pay here lot. Behind payments.

I can pay the amount due in 2 weeks. They sent a repo guy to my house and told my child they were going to put a warrant out if i didnt return car. I dont want to return it when i can pay it off in 2 weeks. Can they issue a warrant? What can they do?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 24, 2016

They can repossess the car if you fail to pay when due. If they are unable to peacefully repossess it, they can get a court writ (which your child may have incorrectly understood as a "warrant").

1 Answer | Asked in Consumer Law, Foreclosure and Collections for Florida on
Q: Selene mortgage put "foreclosure initiated" on credit report 2 + yrs ago yet failed to file due to SOL. Is that legal?

Within two years of foreclosure due to cardiac surgery but got behind on payments yet again due to subsequent heart surgery. Was approved for Mod but 3 days later Suntrust sold mortgage to Carrington who tried to reopen original foreclosure case but stopped by order of judge. They in turn sold it... View More

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Aug 23, 2016

Missed payments will be on your credit, regardless of a court case. A credit card company doesn't have to wait to sue you to report a missed payment on your credit. And they are not beyond the SOL; foreclosure SOL is 5 years in Florida and about to be longer once the FL Supreme Court rules... View More

1 Answer | Asked in Estate Planning, Collections, Consumer Law and Probate for Florida on
Q: Married. No will, Joint ownership of property. In Florida. Paid in Full. Spouse acquired medical debt during marriage.

Would the surviving spouse be obligated for medical debt acquired during marriage? In Florida

Sabina Tomshinsky
Sabina Tomshinsky
answered on Jul 13, 2016

No, the surviving spouse should not be responsible for that debt unless the surviving spouse guaranteed the medical debt. Estate debts are only paid out of the available estate assets.

1 Answer | Asked in Bankruptcy, Collections, Family Law, Health Care Law and Probate for Florida on
Q: Florida law Husband passed acquired 80,000 medical debt from 6 different hospitals & 1 rehab center, Spouse Responsible?

Joint ownership of home deed

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 22, 2016

Not unless she signed an agreement to be responsible.

1 Answer | Asked in Collections, Foreclosure and Real Estate Law for Florida on
Q: Can someone please advise

I have a home in foreclosure process with a summary judgement hearing pending and want to buy another home on cash in another county, my question is the bank from the home in foreclosure can put a lien in my second property if i file homestead? The bank is a federal agency. Thanks.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 21, 2016

Yes, they can perfect a lien if they first obtain a deficiency judgment and then file that judgment in the county in which you purchase the other home. If, at that time, you have established the other home as homestead property, their lien would be subject to your homestead exemption.

1 Answer | Asked in Bankruptcy, Collections and Consumer Law for Florida on
Q: I took out a disaster loan with sba in 2004,I was laid off after 9 years in 2008 I was place on a unemployment deferment

plan. Being a single mother of two children soul support, I was placed on a payment plan and always made my payments on time. Last year my company dropped my hours down to 32 hours. I was placed on another payment plan my original loan was for 10,500. it is now down to 5,050. I couldn't afford... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 17, 2016

The SBA loan might be secured by a lien on your home. If not, it is probably dischargeable in bankruptcy. Your credit card debt is also dischargeable. I suggest that you consult with a bankruptcy attorney.

2 Answers | Asked in Collections, Probate and Real Estate Law for Florida on
Q: Do assets need to be sold or does Garn StGermain or Homestead Act apply when there is debt owed in the state of Florida?

Parent died with a mortgage with equity (78K, value $154), car is paid off (value 7500), and 20k plus in credit card debt. Daughter was living with mom, she wants to stay in house, still pay mortgage thru either act but has no money to pay moms debt. The will states 50/50 to dependents (total... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 11, 2016

The will would have to be probated so as to convey title to the home and the car to the heirs. In the process, the creditors would have to be paid. So it appears that the car should be sold, leaving some $12,500 in claims to be paid. The other heir's interest in the home has to be taken care... View More

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2 Answers | Asked in Collections and Family Law for Florida on
Q: What is the process if non custodial receives a law suit settlement and owes arears in Florida?

My kids father was awarded a large lump sum of money from a law suit and is ordered to pay me 14,000 in arrears he text me a picture that the law suit was awarded about three weeks ago but I still haven't received any money for my kids. Do the attorneys that work for him deal directly with... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 5, 2016

They will not necessarily pay you. You might very well have to obtain a writ of garnishment and serve it upon the party that is to settle with him. If you need help with this you might want to send me an email with the details.

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1 Answer | Asked in Collections and Family Law for Florida on
Q: my mom is in debt with child support if she gave custody of me to someone else would the debt transfer to that person

i am 13 i live with my dad who is a big drug dealer and has guns that he shouldnt have, he is very abusive. is it possible for me to move in with my mom and then have my mom give me over to my friends mom who is willing to take me in to her home. My mom is 6000$ in debt with child support if i did... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 1, 2016

No. Your mom owes the $6,000 to your father. If you were to move in with someone else, your mom's ongoing child support obligation would continue until a court orders that someone else be liable. It is possible that your parents could be ordered to pay CS to whomever takes care of you from... View More

1 Answer | Asked in Collections, Arbitration / Mediation Law and Small Claims for Florida on
Q: We signed a mediation agreement for settlement in a small claims suit 8 months ago.

The mediation agreement amount included the principal amount, interest, attorney fees and costs. Now the plaintiff has come back and gotten a default judgment for a completely different amount. The mediation agreement also stated that if no further action was taken in 180 days the case would be... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 20, 2016

It appears that the mediation agreement wasn't filed with the court for some reason. You should move to set aside the default judgment, based upon the agreement.

1 Answer | Asked in Collections and Contracts for Florida on
Q: If a person sold to you an equipment that is part of a lien, which are the charges that i can present against him

I have to pay twice for the equipment because the owners of the debt came to pick up the equipment which is part of my business.

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 19, 2016

The persons who sold you the equipment would be liable to you for the amount you were required to pay off the lien and get the equipment back. They might also be liable for consequential damages (amount you lost when you didn't have the equipment, costs, attorney fees, etc.).

1 Answer | Asked in Collections and Family Law for Florida on
Q: My boyfriend owed $9k in arrears in FL for child support when his case was closed. Is he required to pay the arrears?

The case was closed while he was in prison. He was never notified that the case had been closed or what he was required to pay. After he was released from prison, he went to the child support office. They then gave him a letter that simply stated the case was closed because his son's mother... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 19, 2016

Case closed is not the same thing as not owed. There may be a statute of limitations defense, but other than that he still owes it.

1 Answer | Asked in Collections for Florida on
Q: if it's past the statute of limitations for old credit accts, can collections agencies put a lien on the deed to a home?

my parents put our home in their name because at the time of purchase, my husband's credit wasn't good enough and i have no income since i'm a stay at home mom. his credit has drastically improved, since all his old debt is now more than 7 years old. we want to put our names on the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 18, 2016

Unless they have a judgment against you, no. With certain exceptions that don't apply, liens cannot be created without first obtaining a judgment. But keep in mind that transferring property securing a mortgage is technically a violation of the "due on sale" clause of the mortgage;... View More

1 Answer | Asked in Collections and Consumer Law for Florida on
Q: How do I file a notice of objection to a car lien?

A lien was placed on my car by a creditor on behalf of my old landlord. I have ten days as of now to file a notice of objection or they are going to repo and auction off my car. How do I go about filing a notice of objection? What format is needed?

I spoke with the company trying to claim a... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 13, 2016

I suspect that someone is trying to scam you.

A creditor cannot repossess your car on the basis of such a "lien". Automobile liens are shown on the title. Is there a lien shown on your title or registration? Are you late in your payments? Contact the person or company shown on...
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1 Answer | Asked in Collections for Florida on
Q: Can a lien be placed on property/home/office for not paying an appraisal bill??? Like some sort of a mechanics lien??
Terrence H Thorgaard
Terrence H Thorgaard
answered on May 12, 2016

I don't believe so. Has someone attempted to file such a lien, and if so, does it recite a statute?

1 Answer | Asked in Collections for Florida on
Q: We are looking for a law firm to collect large judgment in FL based on contingency. We need referral please

WE have a large judgment against a defendant who used to live in Northern VA area and had properties in DC and FL. The judgment is recorded both in VA and DC. Defendants has moved to FL (West Palm area) . He has a lot of real estate in FL area beside his own home. we are interested to find a... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 11, 2016

You are not likely to find a firm willing to advance the considerable costs involved, solely on a contingency.

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