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Florida Collections Questions & Answers
1 Answer | Asked in Collections for Florida on
Q: How do I find out the bank of a New Jersey business? Business is in NJ, but I am in Florida
Francis M. Boyer
Francis M. Boyer
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.

1 Answer | Asked in Collections for Florida on
Q: What do I need to do if I got a call to pay a check written back in 2002?

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?

Francis M. Boyer
Francis M. Boyer
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.

1 Answer | Asked in Collections for Florida on
Q: Do you have a form that I can use in Fort Myers, Florida for a writ of garnisment?

I have a judgment, but the defendant refuses to pay.

Francis M. Boyer
Francis M. Boyer
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

1 Answer | Asked in Collections for Florida on
Q: In a Florida writ of garnishment, how many copies o the fmotion and writs have to be filed?
Francis M. Boyer
Francis M. Boyer
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

1 Answer | Asked in Collections for Florida on
Q: If the person is Nolle Prossed of the charges do they still get to keep the vehicle?

A truck was seized under the Florida Contraband Forfeiture Act but they Nolle Prossed the felony,

Robert Jason De Groot
Robert Jason De Groot
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.

1 Answer | Asked in Collections for Florida on
Q: What are the "other exemption" provided by law for Claim Of Exemption And Request For Hearing (Garnishment Of Wages)
Robert Jason De Groot
Robert Jason De Groot
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.

1 Answer | Asked in Collections for Florida on
Q: Where can I get a summons response form to use in court?
Robert Jason De Groot
Robert Jason De Groot
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.

1 Answer | Asked in Collections for Florida on
Q: Ford motor credit repoed my car after finicial burdens now they are suing me for twice the omount owed what can I do
Robert Jason De Groot
Robert Jason De Groot
answered on Jul 24, 2012

You need to hire an attorney. You may even consider filing bankruptcy.

1 Answer | Asked in Collections for Florida on
Q: How do I claim money that was on a dormant account and was transferred to the State of Florida
Robert Jason De Groot
Robert Jason De Groot
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.

1 Answer | Asked in Collections for Florida on
Q: I got a pay day advance loan a few years back but never paid it. Is it considered check fraud if I didn't pay it
Robert Jason De Groot
Robert Jason De Groot
answered on Jul 23, 2012

You need to give more facts. It might be a worthless check charge.

1 Answer | Asked in Collections for Florida on
Q: I have a judgement in Florida, can I charge a monthly late penalty in addition to statutory interest while I collect?

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

Robert Jason De Groot
Robert Jason De Groot
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.

1 Answer | Asked in Collections for Florida on
Q: If a creditor holds your Bank Account, How long can they hold it in the State of florida

A collection group has put a hold on my bank Account, I would like to know how long will that hold be

Robert Jason De Groot
Robert Jason De Groot
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.

1 Answer | Asked in Collections for Florida on
Q: Are annuities protected from creditors in the state of Florida?
Robert Jason De Groot
Robert Jason De Groot
answered on Jul 5, 2012

Yes. See Florida Statutes Chapter 222

1 Answer | Asked in Collections for Florida on
Q: Can I be arrested for an unpaid pay day loan
Robert Jason De Groot
Robert Jason De Groot
answered on Jul 5, 2012

No, you cannot be arrested for that.

1 Answer | Asked in Collections for Florida on
Q: Is their a standard form in the state of florida to answer a civil summoms

. i have been served with a summons regarding credit card debt

Robert Jason De Groot
Robert Jason De Groot
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.

1 Answer | Asked in Collections for Florida on
Q: What is the statute of limitations on credit card debt collection in florida
Robert Jason De Groot
Robert Jason De Groot
answered on Jul 5, 2012

The S/L on contract actions in FL is 5 years.

1 Answer | Asked in Collections for Florida on
Q: Order dissolving writ of garnishment in 1977. now it reappear . the best solve ?
Robert Jason De Groot
Robert Jason De Groot
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.

1 Answer | Asked in Collections for Florida on
Q: If there is a lien against my home by a company that I own and then the tax office puts a lien on too who gets paid firs
Robert Jason De Groot
Robert Jason De Groot
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.

1 Answer | Asked in Collections for Florida on
Q: What is the proper method of service required for an information request in a garnishment
Robert Jason De Groot
Robert Jason De Groot
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

1 Answer | Asked in Collections for Florida on
Q: I have a civil case against me filed in South Carolina, I now live in Florida. Can my income be garnished?
Andrew Bresalier
Andrew Bresalier
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.

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