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In 2000 I signed a rent to own new shed. When they delivered it they caused damages. I reported the damages and they said they would come replace all damaged. They did not. I started making payments on it and paid about two years which is close to cash price. My car broke down and I got behind on... View More 
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answered on Jan 28, 2024
It's important to respond to the summons and attend the court hearing on February 29th. Ignoring a court summons can lead to a judgment against you, even if you have valid defenses against the replevin claim.
Given the complexity of your case, including the initial damage to the shed,... View More
In order to garnish SSI benefits, one qualification is that an Order/Judgment should reflect and show on its face it is a "court ordered victim restitution." 42 USC 662(e)(2); 5 CFR 581.305 (a) (3).
Is a CA Family Law Court Order / Judgment for stolen retirement benefits... View More
answered on Jan 10, 2024
No. An order for victim restitution would have been ordered in a criminal case, not in a civil case such as a family law court case.
By the way, it doesn't appear that 42 USC 662 (once a federal statute) exists. "Section 662, act Aug. 14, 1935, ch. 531, title IV, §462, as added... View More
IRS regulations 1.6050P-1(b)(2)(i)(F) and (G) are very clear that if a debt has reached the statute of limitations it is one of the trigger items (Identifiable event) that require a 1099-C Cancellation of Debt be sent out. It further states that this section applies whether or not an an actual... View More
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answered on Nov 19, 2023
The IRS regulation 1.6050P-1(b)(2)(i)(F) and (G) does stipulate that certain identifiable events, such as the expiration of the statute of limitations on a debt, can trigger the requirement for a creditor to issue a 1099-C, Cancellation of Debt form. However, the application of this regulation can... View More
I have been in a dispute with Aspen Dental for over two years due to their repeated submission of incorrect insurance information, preventing my insurance from paying for services. Despite their assurances of submitting corrected information, the issue persists. Recently, in a three-way call with... View More
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answered on Apr 16, 2025
You have the right to take action if Aspen Dental's repeated errors and misrepresentations are now threatening your credit due to a collection they agreed to delay. The first step is to send a written dispute to both Aspen Dental and the collection agency, explaining the situation and... View More
I filed a small claims case in Orlando, Florida, for an unpaid debt due to work I completed. The Sheriff's office has attempted several times to serve the summons to the defendant, but they have been unsuccessful because the defendant is inside their home and refuses to answer the door. The... View More
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answered on Apr 13, 2025
In Florida, if the defendant is avoiding service and the Sheriff’s office has been unsuccessful, you do have other options. You can request the court's approval for service by certified mail. However, the court must approve this method, and the defendant must sign for the certified mail. If... View More
I have a certified judgment from Broward County Judicial Court in Florida, issued in 2008, against an individual who has not paid me since the judgment was made. I've tried over the years to collect, including attempts to hire a civil judgment firm. The individual, who was retired and did not... View More
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answered on Apr 13, 2025
Yes, you can put a lien on the property for the unpaid judgment, as long as the judgment is still valid. In Florida, judgments can remain enforceable for up to 20 years, so your 2008 judgment is likely still within the time frame to pursue collection. To proceed, you would need to file a... View More
I have a debt of $3,865 that recently appeared on my credit report, and I haven't received any written communication from the debt collector, Vance and Huffman LLC, to validate this debt. I found out about it through Experian alerts on February 19, 2025. They left a voicemail at my workplace,... View More
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answered on Apr 12, 2025
It sounds like you’ve encountered an issue where you were not properly notified of the debt by Vance and Huffman LLC. According to the Fair Debt Collection Practices Act (FDCPA), debt collectors are required to send a written notice of the debt within five days of their first contact. Since you... View More
I received a court summons on 4/3/2025 regarding a credit card debt amounting to over $10,000, and I'm scheduled to report to army basic training on 4/23/2025. I haven't made any attempts to resolve the debt yet. Should I notify my army recruiter about this summons in addition to... View More
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answered on Apr 8, 2025
You should notify your recruiter about the summons for credit card debt. Being transparent about this situation is important as the military has specific regulations about financial responsibility. The recruiter may need to document this issue, and it’s better to address it now rather than have... View More
collected like 1400 from me back in 5/2011 then they added SATISFACTION OF ORDER OF GARNISHMENT AGAINST DEFENDANT on 8/2011 then the status of this case was marked closed and no more was added until 11/2013 and they added NOTICE OF TAKING DEPOSITION DUCES TECUM IN AID OF EXECUTION and finally now... View More
answered on Feb 6, 2025
Judgments are valid for 20 years in Florida. If you don't have a Wells Fargo account, they aren't going to get any of your money from Wells Fargo.
Purchased solar from company with financing. When finalizing the loan, the loan was reworked for a lower price. When I asked the salesman from the solar company if the lower price was correct, the salesman said yes and to sign the loan papers. A year after the activation, I was contacted to do a... View More
answered on Jan 21, 2025
Generally speaking they cannot renegotiate the price once an agreement has been reached. However, "mistake" is a potential defense that could be asserted under the facts presented in your description. You may seek to enforce the terms of the original agreement.
I have a credit card account with this company. Twice in the last year I've been late on payment. When I say late, I mean less than two weeks; not long enough for it to even be reported to the credit bureaus. Within a week of missing payment, this company calls 7-10 times a day from MANY... View More
answered on Jan 13, 2025
A Florida attorney could advise best, but your question remains open for a month. This is not my area of practice, but based on the brief description, it does not appear to be something that attorneys would handle on a contingency basis. Missing payments, however minor in lateness, does not work in... View More
Before move out, my girlfriend and I thoroughly cleaned the whole apartment and took pictures of every room. About a week after move out we got a move out statement with charges for replacement of the couch, carpet, and blinds. It also said there was trash in the common area which the took a... View More
answered on Oct 21, 2024
Can you? Of course. Keep all your evidence. Don't keep it on your phone in case the phone gets lost or damaged. Write down as much of the details as you can remember now. Dates, times, etc. This will help you later.
I live in Florida. I was behind on my car payments but made it current the month that my finance company did a charge off on the car. I even spoke with them on the phone and nothing was mentioned to me about the charge off happening. I was only told that I should refinance to trade the car in. They... View More
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answered on Sep 13, 2024
Even though your vehicle was charged off, you may still be legally responsible for the remaining balance on the loan. A charge-off means the lender has decided the debt is unlikely to be collected and has written it off their books, but this doesn’t cancel your obligation to pay. The debt can be... View More
Ive paid on the items for the past year. i lost my job and cant afford to pay on them anymore nor do i have the items
answered on Sep 1, 2024
No, they can't put you in jail. They can sue you for what you owe them, and for return of the property you rented.
Judgment Lien Certificate is filed with the state and county that the real estate property is located in.
Do I need to also file a lien on the specific real estate property owned by the debtor to secure my creditor interest in this property?
If so, how does one do that online?
answered on Jul 9, 2024
In many, if not all counties, the judgment is recorded by the clerk of court and thus becomes a lien. Check with the clerk in your county to see what else, if anything, you should do.
Are the assets in an IRA owned by a Florida resident protected from liability judgement when the IRA is registered with a Minnesota institution?
answered on Apr 2, 2024
The location of the institution has no bearing on its protection, what is important is your state of residence. Not many institutions are located or headquartered in Florida.
hello, a family member used my credit without my knowledge and now i have 4 law suits against me for credit card debt. I was not aware of the law suits until i recently tried to buy a car. Since its family i do not want to press any charges and I want to take responsibility for the debts and pay... View More
answered on Oct 30, 2023
File Motions to Set Aside the Judgment to allow you to file a responsive pleading.
CASH ADVANCE INC (THE CASH ADVANCE GROUP)
Attention, Debtor
LAWSUIT COURT CASE FILE NO: #UDT-5734942
LAWSUIT COST - $768.46 (INCLUDING ATTORNEY FEE/COURT FEE/ALL TAXES)
LOAN SETTLEMENT AMOUNT- $576.35 (Today’s Settlement Amount, 25% waived off)... View More
answered on Oct 30, 2023
I agree; it appears to be some sort of a scam. Some things that i question include the language " You will be represented @ 700 Stewart Street, Seattle, WA - 98101". Someone else is asking you for money, so you are not being represented by anyone. But it does suggest that they are... View More
Can the Federal DOJ's Financial Litigation Unit (FLU) go after property and bank accounts belonging solely to my wife...in order to collect on a federal restitution order issued solely against me? The reason I ask is because I received a collection notice letter from the FLU. Included with the... View More
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answered on Oct 28, 2023
It depends on all of the specific facts of your situation. Generally speaking, DOJ cannot reach a spouse's separate property unless the property constitutes the proceeds of your crime or was obtained with the proceeds of your crime.
I live in Florida, and received a debt validation notice trying to collect on an alleged debt with a Florida based credit union (presumably alleged credit card debt), saying the "debt is now owned by [collection agency's name]". Notice states their info shows a balance dated April... View More
answered on Oct 22, 2023
The statute of limitations for written contracts is 5 years in Florida. However, most agreements state in which what state the laws apply to the agreement. Having said that, I am not aware of any state where the statute of limitations exceeds 10 years.
I would send a cease-and-desist... View More
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