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Florida Collections Questions & Answers
1 Answer | Asked in Collections for Florida on
Q: Can a collection agency report an old debt as new?

I had a collection fall off my credit score and here recently the same collection was reported under a new debt collection agency. They're reporting old past due amounts as if they are new. Is this legal?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 12, 2019

No. Unless you somehow renewed this old debt (by trying to make payments recently) you will need to contact the credit bureau and file a challenge to this old debt.

1 Answer | Asked in Collections for Florida on
Q: I’m counterclaiming someone suing me - should I Or do I have to put a dollar amount I’m Suing for on counterclaim
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 7, 2019

Yes; but if you are in a small claims court the dollar amount should not be too high because the county court judge will lose jurisdiction--and you will end up paying larger filing fees.

2 Answers | Asked in Contracts and Collections for Florida on
Q: What is notice of withdrawal of notice of voluntary dismissal
Linda Liang
Linda Liang answered on Nov 4, 2019

Are you being sued by someone? It seems a party has filed notice to withdraw the complaint and changed their minds thereafter.

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1 Answer | Asked in Collections for Florida on
Q: If my credit card is charge off can they keep adding to my balance
Barry W. Kaufman
Barry W. Kaufman answered on Nov 1, 2019

1. Who is they?

2. Generally, after the CC is charged off, the balance is frozen. However, interest may accrue on the charged off balance, depending on your credit card agreement and how your creditor or its outside lawyers interpret the agreement.

3. If the creditor brings a...
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2 Answers | Asked in Collections, Landlord - Tenant and Small Claims for Florida on
Q: Can a landlord send a claim to collections without litigation first? Miami, FL

After vacating my apartment complex, my previous landlord is threatening to send claims to collections. We did not put down a security deposit. We dispute the claim they are making. They refuse to send me the bill for damages, just stating " it cost xxxx to fix." They have only contacted... Read more »

Charles M.  Baron
Charles M. Baron answered on Oct 30, 2019

By "collections", I think you mean using a collection agency or collection law firm to demand payment from you. Sure, that's merely using a third party to act on behalf of the landlord instead of the landlord itself/himself/herself making the demands. If that occurs, send back a... Read more »

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1 Answer | Asked in Consumer Law and Collections for Florida on
Q: Can Garnishment be reopened?

I received a letter in April 2018 saying that the Plaintiffs Notice of Dissolvetion of Continuing Writ of Garnishment. Now being told they reopened it . What can I do? I am so Confused.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 21, 2019

You must have had your wages or some other income garnished; right? And so--back in April--the person or lender who sued you and received the garnishment must have though the debt had been fully discharged because they told the court--an d the bank--that they were "dissolving" the... Read more »

1 Answer | Asked in Consumer Law and Collections for Florida on
Q: What kind of attorney specializes in mortgage lender negligence? We almost lost our home before their mistake was found.

Purchased a house in October 2018 and mortgaged through Suntrust. In December 2018, they increased our tax escrow from $350 to over $700 a month. I challenged having to pay taxes of the prior owner for 2018 multiple times. In March 2019, I became disabled and lost my job. Tried to work with... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 19, 2019

Unless you actually lost your home to a foreclosure caused by negligence of the lender you are barking up the wrong tree. You cannot sue anyone unless you can prove some actual injury that caused some cognizable damages. "Almost lost our home" is NOT a legal injury; why? Because you... Read more »

1 Answer | Asked in Collections, Contracts and Landlord - Tenant for Florida on
Q: I have a grown son living in my house. We want him to move out. The problem is my wife borrowed four thousand from him

For the down payment. We have been paying him back one hundred a month. He says we can't make him leave because of the money and because he lives here and receives mail here. What can we do?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 14, 2019

This is not a legal question. This is a (very sad) personal dilemma created by you and your grown son. Unless the oral contract between you and your son is in writing it is no enforceable--by you or your son. Thus I am unaware of any legal remedy you could use lawfully to evict your son. At best... Read more »

1 Answer | Asked in Consumer Law and Collections for Florida on
Q: My car was repo on Sunday why the dealership I bought the car from but I have been paying this finance copy for 2 year

but the dealership say they havent been paid in 2 years.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 9, 2019

You will have to hire a lawyer to investigate all the facts and help you recover your car.

1 Answer | Asked in Child Support and Collections for Florida on
Q: My father rarely paid support when I was a child. I am now 36 yrs old and he received a collection letter from NY.

Money due to my mom. Can I give up my rights to this money or my mom has to give up her rights? My father doesn't have any money. The letter threatens the loss of his license, passport or jail time. I now live in Florida and my father lives in AZ.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 7, 2019

The sate collection effort does not involve you; why? Because Florida is collecting old support due to your mother, not to you. However, it may be possible for your mother to intercede and tell the Florida Department of Revenue that she no longer wants Florida to prosecute your father; and tell... Read more »

1 Answer | Asked in Collections for Florida on
Q: If my name was wrong on the credit card can collections take my money?

My name is James but my defaulted credit card and collections have it as Jamie's. Can lawyers find a loophole in this so collections doesnt take my paycheck?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 30, 2019

No, because "find a loophole" is not what honest lawyers do.

3 Answers | Asked in Bankruptcy, Business Law and Collections for Florida on
Q: Do I need to file an exemption for wage garnishment if the wrong SS# was used in the original judgment?

A judgment was filed against me in 2014. I was unemployed and could not pay the credit card. I am now living only on Social Security. The original card owner was my husband but I used the card. The court documents show his social security number as mine. When I tried to call the collection agency... Read more »

Charles M.  Baron
Charles M. Baron answered on Sep 5, 2019

You DO need to file an exemption, despite a wrong SSN being listed. You are not required to have an attorney, but it's best that you have one, and you may be able to get a pro bono attorney by contacting your local agency that provides free legal services for the poor. You appear to be in... Read more »

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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
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... 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
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
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
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
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
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
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... 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
Bruce Alexander Minnick answered on Jun 11, 2019

Hire a litigation lawyer and sic them on the thief.

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