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Florida Collections Questions & Answers
1 Answer | Asked in Collections for Florida on
Q: My bank accounts have been frozen by a lawsuit. What can I do, and how much can they take?
Robert Jason De Groot
Robert Jason De Groot
answered on Dec 4, 2012

Without knowing all the facts, it is not possible to give you an adequate answer to your question.

1 Answer | Asked in Collections for Florida on
Q: Can A collection agency/ law firm have a georgia judgement that was issued in 2001, moved to Florida courts in 2009.
Robert Jason De Groot
Robert Jason De Groot
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.

1 Answer | Asked in Collections for Florida on
Q: Writ of garnishment against a Bank funding a construction performed by a builder company I have a judgement against

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

Robert Jason De Groot
Robert Jason De Groot
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.

1 Answer | Asked in Collections for Florida on
Q: B&T Financial Services called and pretty much pressured me into a payment agreement that I cannot afford. What do I do?
Robert Jason De Groot
Robert Jason De Groot
answered on Nov 14, 2012

File bankruptcy if you qualify. Contact a consumer credit counseling agency and see if they can help.

1 Answer | Asked in Collections for Florida on
Q: I have been unemployed for three years, and got an order setting a case for trial from on of my debtors

Please let me know what I do

Robert Jason De Groot
Robert Jason De Groot
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.

1 Answer | Asked in Collections for Florida on
Q: I am custodian to a UGMA account. A Garnishment order against me has been filed against this account . is the asset

Does the creditor have authority to attach this asset. The account is in a 13 year old childs name.

Robert Jason De Groot
Robert Jason De Groot
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.

1 Answer | Asked in Collections for Florida on
Q: Can a wage garnishment be upheld in FL if the judgment was issued in VA? Which state's laws will apply?
Robert Jason De Groot
Robert Jason De Groot
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.

1 Answer | Asked in Collections for Florida on
Q: Can a florida judge attach a judgement to an offshore bank account in caymans. if so how long would it take?
Robert Jason De Groot
Robert Jason De Groot
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.

1 Answer | Asked in Collections for Florida on
Q: I sold an RV 4 years ago and they purchaser is with holding the location. He has not made a payment in two years

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?

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 31, 2012

Hire an attorney for this. Take the contract in for the attorney to review.

1 Answer | Asked in Collections for Florida on
Q: Can a person call stating that if the debtor doesn't come to the phone, he'll send someone(sheriff) to get that person

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

Robert Jason De Groot
Robert Jason De Groot
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.

1 Answer | Asked in Collections for Florida on
Q: I'm in Florida and sold my house to to a person filed bankruptcy in Massachusetts, he owe $150,000 can I get any BACK
Robert Jason De Groot
Robert Jason De Groot
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.

1 Answer | Asked in Collections for Florida on
Q: Can a debt collector contact with a debt that is 5-7 yrs old?
Robert Jason De Groot
Robert Jason De Groot
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

1 Answer | Asked in Collections for Florida on
Q: What is a fact information sheet?
Robert Jason De Groot
Robert Jason De Groot
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.

1 Answer | Asked in Collections for Florida on
Q: I have received a judgement in small claims court have to write order for judge to sign for garnishment. Can you advise
Robert Jason De Groot
Robert Jason De Groot
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

1 Answer | Asked in Collections for Florida on
Q: Served with a summons for credit owed have 20 days to file a written response can I call lawyer and make paymemt plan
Robert Jason De Groot
Robert Jason De Groot
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.

1 Answer | Asked in Collections for Florida on
Q: Can someone sue 11 years later with a cancelled check, not given as loan-no promissory note- but just became a loan?

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

Robert Jason De Groot
Robert Jason De Groot
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

1 Answer | Asked in Collections for Florida on
Q: Please help: I received paperwork from Chase Bank in a civil action request for admission to aid in execution

Do I need an attorney?

Andrew Bresalier
Andrew Bresalier
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.

1 Answer | Asked in Collections for Florida on
Q: Car reposessed. Credit report shows last payment 2/2006 & charged off 8/2008. Thought they have to chargeoff in 120 day?
Andrew Bresalier
Andrew Bresalier
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.

1 Answer | Asked in Collections for Florida on
Q: If a debt collection company files a judgement based on false information and the judge signs off on it can both be sued
Andrew Bresalier
Andrew Bresalier
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

1 Answer | Asked in Collections for Florida on
Q: I have a certified judgment and want to garnish wages of a single person. Should I use an attorney?

How much could it cost me?

Francis M. Boyer
Francis M. Boyer
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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