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