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Florida Collections Questions & Answers
1 Answer | Asked in Collections for Florida on
Q: If I have received a Subpoena Duces Tecum for Deposition is it too late to hire an Attorney to send an Objection?
Andrew Bresalier
Andrew Bresalier
answered on Mar 12, 2012

You have not provided any information regarding anything except the Depo, so I do not know about it being too late for other issues. However, as long as it is a few days before the Depo, it is not too late to hire an attorney to assist you with that.

1 Answer | Asked in Collections for Florida on
Q: Can a Plaintiff file a replevin for a motorcyle in his/her county or does it have to be where the property is located?
Andrew Bresalier
Andrew Bresalier
answered on Mar 12, 2012

You can chose to file where the property is located, i.e. Escambia County, or where the holder of the property is located.

1 Answer | Asked in Collections for Florida on
Q: I HAVE A 19 YR OLD JUDGEMENT FRON A BANK THAT CLOSED MANY YEARS AGO. I NEVER KNEW I HAD THIS JUDGEMENT UNTIL NOW A COLLE

A COLLECTION AGENCY JUST CONTACTED ME AND SAID THEY WERE GOING TO FREEZE MY BANK ACCTS AND TAKE MY MONEY, CAN THEY DO THAT. BY THE WAY I NO LONGER LIVE IN THAT TOWN OR COUNTY. I WAS NEVER NOTIFIED ABOUT THIS JUDGEMENT NOR HAS IT EVER SHOWED ON MY CREDIT REPORT. ILOOKED IT UP AND IT IS THERE, FROM... View More

Andrew Bresalier
Andrew Bresalier
answered on Mar 12, 2012

Judgment in Florida are good for upto 20 years. Even though the original Plaintiff may no longer exist, usually the judgment is assigned to someone new. You only have a year left.

1 Answer | Asked in Collections for Florida on
Q: If i got a letter to go to court for a credit card dept do i need a lawyer
Andrew Bresalier
Andrew Bresalier
answered on Feb 28, 2012

It sounds like you received a Notice for a PreTrial Conference. This is a Small Claims matter. Living People, vs. business entities, are not required to have an attorney is any matters; however, sometimes things can be complicated and an attorney is recommended. For this, you should not need an... View More

3 Answers | Asked in Collections for Florida on
Q: Can i be garnisheed for a hospital bill ? i only have social security income
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Feb 19, 2012

I don't practice in your state but I have practiced Social Security disability law for 35 years. I can tell you your Social Security disability check is exempt from garnishment. However, if that check is deposited in an account with other monies it may lose it's SS identity. If you... View More

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1 Answer | Asked in Collections for Florida on
Q: I received a notice from a debt collector concerning medical bill from over 10 years ago is there a limit on this?
Andrew Bresalier
Andrew Bresalier
answered on Feb 2, 2012

Yes, there is a limit of four years from them ability to sue you, and a limit of seven years to report it to the credit bureau, but they can ask you to pay forever.

1 Answer | Asked in Collections for Florida on
Q: Notice of lack of prosecution and notice of hearing on motion to dismiss for lack of prosecution, what does it mean?

Do I have to go to court, or if the collection company does not file any else does it automatically become dismissed?

Andrew Bresalier
Andrew Bresalier
answered on Jan 18, 2012

I would suggest you go to court. If opposing counsel does not go to court, the case will be dismissed. However, if the debt is collateralized or the Statute of Limitations has not tolled, you are not released.

1 Answer | Asked in Collections for Florida on
Q: Is it true that if a debt is over 5 years old, it cannot legally be collected on?
Andrew Bresalier
Andrew Bresalier
answered on Jan 18, 2012

They can still attempt to collect it; however, the Statute of Limitations may have tolled, and they are prohibited for filing suit. This does not mean they may not try though. Also, most items stay on your credit report for seven years.

1 Answer | Asked in Collections for Florida on
Q: Served with a demand judgement due to default on HELOC. I don't dispute debt,no current ability to pay? Suggestions?
Andrew Bresalier
Andrew Bresalier
answered on Dec 23, 2011

If you do not have a child, there is a strong possibility that you wages will be garnished. You should speak with the Creditor, or their attorney, and try to work out a payment plan. Alternately, you may want to see if you are eligible to do a bankruptcy.

1 Answer | Asked in Collections for Florida on
Q: Facing a garnishment for a non dischargable debt. What is the max they can garnish in FL?
Andrew Bresalier
Andrew Bresalier
answered on Dec 21, 2011

20%, but if you have a kid your income is exempt.

1 Answer | Asked in Collections for Florida on
Q: Is there a "statute of limitations" of sorts on debt? That is, a period of time where it is no longer collectable?
Andrew Bresalier
Andrew Bresalier
answered on Dec 21, 2011

Florida has several “Statutes of Limitation”. Those not referring of real estate are summarized as follows:

A Florida judgment expires in 20 years.

Non-Florida judgment and Bonds expires in 5 years.

Negligence, Paternity, Injury and Contracts expires in 4...
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1 Answer | Asked in Collections for Florida on
Q: Can i collect late fees on a promissory note? Please direct me to case law & statues (Florida)
Andrew Bresalier
Andrew Bresalier
answered on Dec 21, 2011

If your Note provides for a "Late Fee" then yes. Otherwise, not. Generally, the interest is considered the late fee.

1 Answer | Asked in Collections for Florida on
Q: Husband being sued can they get at my money.

My husband is being sued in small claims court by a collection agency. I recently cashed in my 401k but have not cashed the check yet. If I deposit it in a new account in my name only at a different bank can the collection agency/courts get at it? My name was not on the original credit card that... View More

Andrew Bresalier
Andrew Bresalier
answered on Dec 21, 2011

If you name is not in the suit and your husband's name is not on the bank account, it should be safe.

1 Answer | Asked in Collections for Florida on
Q: I took out a payday loan and couldnt pay it back now they are saying there going to take me to civil court what will hap
Andrew Bresalier
Andrew Bresalier
answered on Dec 21, 2011

1. They will file the case with the Clerk of the Court.

2. You will be served with a copy of the Complaint

3. Depending on the amount, you will either:

a) have 20 days to respond, or

b) have to appear at a Pretrial Conference.

4. If you do not respond or appear...
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1 Answer | Asked in Collections for Florida on
Q: My husbands assetts have been frozen which include my back-pay from SSD. What form do I file with courts to get it back
Andrew Bresalier
Andrew Bresalier
answered on Dec 21, 2011

You should file an Objection to Garnishment/Levy. The form should have been included in the materials forwarded to you from the party seizing the account. If not, it should be available from your court's web site.

1 Answer | Asked in Collections for Florida on
Q: I live in Bay County, Florida but the motorcycle I want to file a replevin for is in Escambia County. Can I file in Bay?
Andrew Bresalier
Andrew Bresalier
answered on Dec 8, 2011

You can chose to file where the property is located, i.e. Escambia County, or where the holder of the property is located.

1 Answer | Asked in Collections for Florida on
Q: I have a judgement against someone whom I believe is going to file for bankruptcy. How can I get paid?
Andrew Bresalier
Andrew Bresalier
answered on Dec 6, 2011

Chances are you will not receive anything, however I would suggest you file a Proof of Claim, just in case. If there are administered assets you could receive something, based upon how you rank in priority.

1 Answer | Asked in Collections for Florida on
Q: Can collections lawyers come after my checking account?
Andrew Bresalier
Andrew Bresalier
answered on Dec 6, 2011

Yes, however they must first have a Judgment.

1 Answer | Asked in Collections for Florida on
Q: I loaned someone $9,000.00 for bail and legal fees, he said he would repay me when he settled a lawsuit it's settled

He also borrowered a chainsaw that he was using to clean up his parents yard then return it, he didn't return it he cut trees in his yard and now he says it is way in the back of his storage unit and I'll get in when he moves his things out. Its been 3 years and I need it back as I lost... View More

Andrew Bresalier
Andrew Bresalier
answered on Nov 17, 2011

Unless you have a lien filed with his attorney, there is a slim likelyhood that you will received any proceeds from the settlement. I would suggest you send him a certified letter, with a 30 day deadline. If payment is not received, then file suit.

1 Answer | Asked in Collections for Florida on
Q: If you are a Florida resident and at your death you owe money on credit cards what happens?
Andrew Bresalier
Andrew Bresalier
answered on Nov 17, 2011

If there is a judgment, they will collect at the sale of your home. If you do not own real estate, it depends on when the charges were made. If there were not recent, or there is no Probate opened, they do not get paid. If there is an other user, listed on the account or otherwise authorized,... View More

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