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answered on Nov 17, 2011
If you are a natural person (vs. a business entity) you are permitted to represent youself in court. Either way, if you hire an attorney the fees could be rembursed by the debtor. However, in light of the economy, you may wish to make an offer, before litigating.
Am I liable. Since they did not send me a bill during this period.?
Thank you. Yesterday evening. A policeman gave me a notice at my home to appear
in court in 15 days. Whereupon I called the law office and they requested a payment
of $1,000.
answered on Nov 17, 2011
In Florida our Statute of Limitation (95.11) is four (4) years, however that is not a bar from suit. You have to claim the Statute of Limitation as a defense.
answered on Aug 23, 2011
Probably yes in particular if you try to collect on an individual.
Collecting a judgment can be harder and is full of laws and regulations that actually PROTECT the debtor, especially an individual.
They are claiming that i owe them $32,000.
answered on Aug 23, 2011
In this case you should not delay and seek assistance to proving/disproving the total amount you owe, if you even owe the debt.
answered on Aug 10, 2011
Representation by an attorney is not required, however an attorney will be more knowledgeable about the law and be able to apply methods that you are not aware of.
answered on Aug 4, 2011
In this case it looks like you have a strong argument for stopping the suit, or even "break" the final judgment. Make sure you can prove that the debt was already paid and also that you notified the debt collection agency. You may also find an attorney to sue the debt collection agency if... View More 
answered on Aug 4, 2011
You might be talking about a constructive trust which would operated as a lien on a property and this will be entered by a judge.
You may also talk about a judgment lien which is registered with the State by the Creditor.
Suprised that Bank garnished $31k entirety of chking & 75% of savings..found that ex-wife had judgement from NH. Had no notice of this or judgement. These were funds obtained from 2 years of Unemployment...that ended last year I'm also on food and medical assistance in AZ and... View More
answered on Jul 18, 2011
Though the case is in Fl, it is NH exemptions will affect the levy. The writer should put his question in the NH section.
I have approx 2k lodged with a mangaement company for looking after my home in Florida, he has closed the doors without notice and will not answer calls, as far as we can tell he has not filed for bankrupcy he has just had enough how do i go about getting my money back
answered on Jul 18, 2011
Review your contract. It should list the method for requesting the deposit. If after following the terms you do not receive the refund you may have to litigate the matter.
It is a holiday home management company who the owner has closed its doors with no explanation and will not take any calls the money was to cover expenses incurred
answered on Jul 18, 2011
Review your contract. It should list the method for requesting the deposit. If after following the terms you do not receive the refund you may have to litigate the matter.
I had a condo which I couldnt afford anymore so I let go and stopped paying the bank and association fee in March of last year. I filed for chapter 7 bankruptcy to avoid the banks and other creditor from going after me and to avoid a judgment from the bank. I did not include the condominium... View More
answered on Jul 6, 2011
Although you were in Bankrupcy, the Foreclosure can still proceed once a Motion for Relief from Stay is granted. Usually once the Final Judgment is entered in the Foreclosure it is done "in rem" which means against the thing (i.e. the house), not "in personam" against the... View More
answered on Jul 6, 2011
Wages from head of household, Social Security, and workmans comp. See Florida Statute Section 222 for greater details
answered on Jul 6, 2011
I have dealt with them before. If you do pay expect them to sue you.
To avoid this I would suggest you inquire as to who they represent, the account no., and the balance. Once you have this information, you can determine if the debt is actually yours.
I signed an agreement over four years ago and have made payments until May of this year. I spoke to the atorneys office and explained that I could no longer affords to make payments since I have been unemployed for the last 18 months and no longer have funds to pay this debt. In looking at the... View More
answered on Jul 6, 2011
Agreement of this nature are not entered into the Public Records, so it is expected that your agreement would not be there. The Statute of Limitation provides that you can be sued upto 4 years from your last transaction. Once a judgment is entered it is good for upto 20 years in Florida. I would... View More
answered on Jul 6, 2011
Collection Companies are not known for their tact or intelligence. I would suggest sending them a letter.
answered on Jun 6, 2011
If there is a judgment and it has been recorded in the public record of your county, then when you sell your Homestead, after the Property Taxes, Homeowner's Assoc, and Mortgage Company, the judgment will be paid. If you do a Bankrupty, the judgment can be removed via a 522(f) Motion.
Debt collectors won law suite by default as I had no representation and judge demanded that I give creditors all personal assets so they can garnish wages and personal property.
answered on Jun 6, 2011
There are three basic ways to avoid garnishment:
1) Enter into a payment plan, however you will be paying something.
2) Be a Head of Household (support a minor child) and earn less than $750 net a week.
3) File a Bankruptcy.
answered on Jun 6, 2011
Yes. I am seeing this more and more. Second mortgages and Home Equity Loans are proceeding as unsecured loans. This is because there is usually no equity to secure their loans. This can be stopped if you are Head of Household (i.e. have a minor child, for who you provide more than 1/2 support)... View More
Claiming lack of payment/dealership claiming fraud case/What can I do to get my car back, Thanks,
answered on Jun 6, 2011
It appears that you purchased the vehicle before the dealership was able to record their lien. I would suggest you meet with an attorney, as this involves fraud and criminal issues. There is an argument that you purchased the vehicle as a Buyer in Due Course. Especially if you reviewed the State... View More
answered on May 23, 2011
Vehicles are not mortgaged. In Florida vehicles are owned by you, and the finance company merely has a lien. Though your vehicle can be repossessed, failure to return the vehicle itself is not grounds for arrest. Doing something like Disturbing the Peace / Pulling a Gun / Battery while the Repo... View More
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