Get free answers to your Collections legal questions from lawyers in your area.
answered on Aug 23, 2012
Often times you will have to hire some investigative services for that because you do indeed need a bank's name. Otherwise, you can do a Motion for Post-Judgment and force financial discovery.
The caller threatened to serve me with legal papers tomorrow if i don't pay today. This is the first time I heard from them.
Is it legal to do what they did?
answered on Aug 23, 2012
No idea if the caller even owns the debt and if the check was really yours. Also the suit would probably be barred since it is 10 years old.
I have a judgment, but the defendant refuses to pay.
answered on Aug 23, 2012
A writ of garnishment will do you no good if you do not have a list of assets. Homes, land, cars, or a job? Also look at what has a mortgage on it, what cannot be seized by law because of exemptions before you spend money $188 for a writ, plus $100 court registry, and a process server and some more... View More
answered on Aug 23, 2012
Well, one for the COurt, one copy to the debtor, one copy for the Garnishee (employer, bank etc...) but you need to serve this on the garnishee with a process server and place the $100 with the court for their fees in responding to your motion to garnish. Be also careful t oattach the list of... View More
A truck was seized under the Florida Contraband Forfeiture Act but they Nolle Prossed the felony,
answered on Jul 30, 2012
You have to aggressively defend against the forfeiture action. I hope you have been able to get the vehicle back.
answered on Jul 26, 2012
Florida exemptions are found in the Constitution and in Chapter 222 of Florida Statutes. There are many. Look them up.
answered on Jul 24, 2012
You can't get a summons response form. What you need is called an answer. There are no general forms that you can use to submit pleadings. You have to either hire an attorney, they draft pleadings all the time, or make one up yourself.
answered on Jul 24, 2012
You need to hire an attorney. You may even consider filing bankruptcy.
answered on Jul 24, 2012
Contact the Unclaimed Property people in Tallahassee. Go to the unclaimed property website and sign up. If it is being held by the State, you have to contact them and fill out an application. You may need to file a probate if the owner is now deceased and you are an heir.
answered on Jul 23, 2012
You need to give more facts. It might be a worthless check charge.
I won a judgement against a loser and they haven't paid. I recently received updated information on their whereabouts and would like to begin pursuing the judgement again. When calculating a total owed, can I add a late penalty monthly for non-payment in addition to the statutory interest... View More
answered on Jul 5, 2012
No. You can only charge the statutory interest. You must properly record the judgment, if you haven't already done so.
A collection group has put a hold on my bank Account, I would like to know how long will that hold be
answered on Jul 5, 2012
You probably need an attorney. Each case is different and each case demands the personalized attention of an attorney. Was a garnishment filed? If so, there are things that must be done for you if applicable to your situation. You may be able to claim head of family.
. i have been served with a summons regarding credit card debt
answered on Jul 5, 2012
No. There are many forms for different types of suits in the rules of civil procedure, but none for answers. You may wish to just generally deny the allegations in the complaint. You just have to show up in small claims court and deny the amount or the liability and get a trial on the matter.
answered on Jul 5, 2012
You need to give us some facts in order to get an answer. Do you mean that another garnishment has been started? A final judgment is only good for 20 years in Florida, at most.
answered on Jul 5, 2012
The homestead is exempt from the claims of creditors in Florida. One of the beauties of Florida law. If you own a company that has a lien on your home, the lien may be invalid. Which tax office? If it is the county property appraiser and you owe local taxes, the amount owed should be paid.
answered on Jul 5, 2012
It would be better to tell us what happened so that we can say what the options are. Once a garnishment is initiated, a request to produce can be submitted. Service upon the garnishee is by personal service. Upon the debtor it can be by mail. You may look into a chapter 7 bankruptcy and can learn... View More
answered on Mar 12, 2012
If you are a Head-of-Household (i.e. got kids), you income cannot be garnished. However, that will not stop them from trying. You must claim the exemption.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.