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answered on Dec 4, 2012
Without knowing all the facts, it is not possible to give you an adequate answer to your question.
answered on Dec 4, 2012
Yes, they have to go through a number of steps to register a foreign judgment and then collect on it.
I have a judgement against my builder company. he is building a big home down the road from me. I found out the bank who is lending the money to fund the construction for that home and I seved the bank with a writ of garnishment for any funds indebeted to the builder on the construction. the bank... View More
answered on Dec 4, 2012
You need an attorney to explain this to you. The garnishee must file an answer stating what it is holding for the builder. Do some discovery, move to strike the garnishee's answer. Find out more, hire an attorney for this.
answered on Nov 14, 2012
File bankruptcy if you qualify. Contact a consumer credit counseling agency and see if they can help.
Please let me know what I do
answered on Nov 14, 2012
Attend the trial and defend the case. Hire an attorney. Oh, it was from a debtor, so you are the plaintiff, right? Did you mean one of your creditors? One way out of debt, if you qualify, is to file bankruptcy.
Does the creditor have authority to attach this asset. The account is in a 13 year old childs name.
answered on Nov 6, 2012
It is not yours and should not be garnishable. You must move to have the writ of garnishment dissolved. Get an attorney in your area for this.
answered on Nov 6, 2012
We need to know more facts in order to answer this question. A VA judgment can be given full faith and credit in FL. Where does the defendant reside? Wages of a head of family cannot be garnished in Florida, it is a debtors haven. Look at F.S. Chapter 222.
answered on Nov 6, 2012
Florida judges have no jurisdiction outside of the state. More facts are needed in order to advise on this issue.
I sent him a demand for return of the vehicle and explained the vehicle is no longer for sale so if it is not returned it will be a leased vehicle at 100.00 per week. He moved it writhout written consent and what i read was that he could face larceny and other chrges. How do i proceed against him?
answered on Oct 31, 2012
Hire an attorney for this. Take the contract in for the attorney to review.
A person stating he is an attorney called my place of employment stating to my employer that I need to take his phone call regarding a debt or he will send someone that same day to pick me up (a sheriff). He told me he was in the process of having a warrant issued for me regarding a check I made 5... View More
answered on Oct 31, 2012
This is a deceptive debt collection practice and new rules are coming out. Look it up in the Florida Statutes as to what these people are allowed to do. It is under consumer protection and I forget the precise statute number.
answered on Oct 31, 2012
Many more facts are needed to get an answer to this. Did you finance the purchase? If so, you will want to hire an attorney to get relief from the automatic stay and proceed with a foreclosure. Do not sit on your rights, get an attorney.
answered on Oct 31, 2012
Sure, they can contact, but any threats of suit might be vacant threats. The statute of limitations on contract actions is 5 years from the breach. Tell them that a 57.105 motion will be filed if suit is brought, and that the basis will be the statute of limitations. You have to hire an attorney if... View More
answered on Oct 31, 2012
A piece of paper with factual information on it. This might be one of the new forms that a judgment debtor has to fill out and file with the clerk.
answered on Oct 31, 2012
There is a specific procedure that must be utilized when garnishing wages or a bank account. If you do not do it correctly you will not get anything. Look at the garnishment statutes in Chapter 77 of Florida Statutes and also those in Chapter 222 regarding exemptions. You should hire an attorney to... View More
answered on Oct 31, 2012
You might be able to call the office of the lawyer and make payment arrangements through a stipulation. If you miss one payment, however, they will be entitled to a judgment against you. Read it carefully and negotiate to your favor, or hire an attorney.
I lived with my ex-boyfriend from 1998-2009 in Florida. In 2001, his mother gave us a check for $10,000, which I deposited in my checking account. I was never told it was a "loan". We didn't have an oral agreement regarding repayment, nor did I sign a promissory note. We broke up in... View More
answered on Oct 31, 2012
You do not owe. The statute of limitations on contract actions is 5 years from breach, but this is a circumstance where there was no contract, no promissory note. So, the statute of frauds applies. It says that the agreement must be reduced to writing if it is to last more than 6 month, I believe.... View More
Do I need an attorney?
answered on Sep 25, 2012
Tye are trying to gather info about that they can garnish or levy. If you do not answer the questions they can obtain an Order to Compel. If you then do not answer, you can be found in Contempt of Court, which could include fines and or incarceration.
answered on Sep 25, 2012
There is no requirement that anyone "chargeoff" any debt. Charging off is a tax advantage that some companys do; however, even if they do chargeoff, you still owe it. Often after a chargeoff the debt is sold to a factoring company. Debts appear on a credit report for upto seven years.
answered on Sep 25, 2012
The Judge would be protected under such an act, unless it could be shown that there was a bribe or other undue influence. As for the collection company: Unless you could show improper action by the judge, your opportunity to have tried the facts have passed. If it has been less than a month since... View More
How much could it cost me?
answered on Aug 23, 2012
It all depends on the amount and the true possibility of recovering, collecting from that person.
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