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my brother was caught stealing my mail from my mailbox. My father (now deceased) was living with me at the time. Brother was cashing the checks with forged signatures. Brother is trying to sell a property. Can I put a lien on his property to collect the money he stole?
answered on Jul 28, 2021
No. There's no such thing as a restitution lien in Florida. If the checks were your father's, the representative of his estate would have to sue your brother in civil court and obtain a judgment, then record the judgment as a lien.
I own a commercial diving business that does underwater hull cleaning and yacht maintenance. I had a customer bring his boat to the marina where I am currently staying on my own boat. After I took care of his boat he didn't show up to pay me or get his boat at the time we agreed. Rather than... View More 
answered on May 3, 2021
Only a Florida attorney could advise you on your specific question. But you posted under Admiralty/Maritime Law, and under U.S. maritime law, a remedy that is sometimes applied in settings where vessel interests owe money is a maritime lien. This comes up in ship mortgages, vessel collisions, crew... View More
The defendants employer (garnishee),Failed to respond within 20 days of the court order
answered on Apr 24, 2021
I don't know about Florida, but in my state I'd file a motion for default judgment against the garnishee along with a notice of hearing. Last year that worked and I got a ~$25k judgment against the garnishee for failing to answer the interrogatories and to withhold wages.
I received a check from Collier County school Board I cashed it and that I was called two weeks later and they told me it wasn’t supposed to receive the check and now they’re demanding that I pay it back or face legal repercussions.
I need to pay this debt off, but dont want to pay if nothing is in writing, Complex is refusing to do so.
$3000 is a lot to pay on trust.
answered on Mar 24, 2021
See if you can approach them personally with a cashier's check for $3000 in hand. Tell them you will give it to them if they give you the letter.
I found out Friday afternoon the owner had an offer on his boat and was closing the following Monday. I told the yacht broker about the situation and he said to email him the invoice ($300) and he would take care of it at the closing. Of course he never did. Is there anything I can do? Is it even... View More
answered on Mar 23, 2021
You may sue whomever you did the work for in small claims court, and you could first try sending a demand letter stating you will file in small claims court if not paid. Whether it's worth your time is a question only for yourself to answer. You'd have to find out from the Clerk's... View More
This resulted from a $30 check written at a Houston supermarket in 2015. The check was NSF and I had no idea because I moved. I contacted Harris County Sheriff, but no info can be obtained over the phone. Do I have to return to Houston and turn myself in to resolve this?
I had a motorcycle up for repossession 2 years ago . It was parked on the side of my townhouse (no garages). It eventually was gone. Now almost a year and a half later I’m getting calls from collectors and repo saying they’re looking for the bike? I am very confused. I do not have it, and have... View More
answered on Mar 14, 2021
Seriously? Your bike was stolen. If it had been repossessed, you'd know it. Now, instead of the creditor getting the bike back, selling it, and applying the sale amount to your loan, the lender (creditor) will probably sue you for the entire amount of the loan.
answered on Mar 10, 2021
You didn't ask a question. I assume, however, you would like to know if you can "cancel" the gym membership without potentially being sued for the balance due on the contract. Minors have no legal capacity to enter into contracts (unless they have been legally emancipated). If you... View More
answered on Feb 22, 2021
Unscrupulous debt collectors have unlawfully used threats of incarceration for many years, trying to scare debtors into sending them some money--any amount--which should not EVER be done before talking to a Florida lawyer.
If it was sold to a debt buyer do I even need to pay the bill they sent me?
***EDIT TO QUESTION: I was told that medical bills aren't supposed to be put in collections in the first place, due to HIPAA regulations?
Thank you for your responses.
answered on Feb 2, 2021
Yes. You owe $1100.00 to the debt buyer. The buyer bought your debt, and it now owns your bill. The amount it was bought for is immaterial.
My dad, who was a lifelong resident of GA, had a small trucking company in Savannah that he liquidated and closed in January of 2015. He was diagnosed with terminal cancer and passed a year and a half later on 6/17/2016. As his executor, and a resident of Florida since 1983, I honchoed his meager... View More
answered on Dec 29, 2020
I cannot see how you could be held personally liable for this alleged debt. You were not a personal guarantor of the company's obligations to Comcast. However, it is possible that if he guaranteed the obligations, that his obligations were binding on his heirs.
At most, the statute of... View More
What are my options on this?
answered on Dec 14, 2020
Call the creditor, ask to speak to a manager. BE NICE. The minimum wage 20 year old who answers the phone is not responsible for the issue and probably nothing on his or her information screen would tell him or her why your account is in collection. Calmly explain that to the best of your... View More
answered on Nov 30, 2020
Yes, especially if it appears that the owner of the car they are looking for is trying to prevent them from getting to it.
answered on Nov 10, 2020
It means that the plaintiff dissolved, or terminated the continuing writ of garnishment. If your pay was being held, it won't be held anymore.
I had heart surgery in 2017, The charge from the anesthesiologist was part of my deductable so I have been paying monthly. Should I stop paying? will this show on my credit report?
answered on Oct 21, 2020
Hard to say what you should do - I assume that they are cashing your payments. The only thing that makes sense is that their records are inaccurate and they don't want to send you a bill that's inaccurate. But that's just a wild guess.
If i signed a written agreement but havnt made a payment, is there a way to cancel it or once its signed is it a done deal? It was for a old bank account about 8 or more years ago
answered on Oct 14, 2020
Not possible to tell without more info and a copy of the documents you signed.
My fiancé and I got a vehicle together (both co-buyers on the loan). We ended up not being able to make the payments and we’re going to voluntarily give it back to the bank. It was this big ordeal and the bank wasn’t letting me set up a time for someone to either come pick it up or for me to... View More
answered on Oct 6, 2020
Nothing goes away. You should inform the bank about this so that it can take any action it deems necessary for them to track down the vehicle and take possession of it. If the vehicle is repossessed, it will be sold at auction and the proceeds applied to your loan balance. However, there is no... View More
I paid an attorney to handle this case. He obtained the judgement then told me that he couldn’t find her, even though she had attempted to see him. He admitted this to me, then later changed his story.
After I received the judgement, he told me that I was on my own as far as collection.... View More
answered on Sep 27, 2020
Your judgment is good for 20 years. Apparently your agreement with him was to.obtain the judgment, which he did. You weren't taken advantage of, and there's nothing anyone can do to force someone to voluntarily pay a judgment. In fact, all your debtor has to do is file bankruptcy and... View More
Last night 9/23/2020 around 4:30 p.m., some private number called my mom and asked for me, she told them I haven't lived there in 15 years and the lady on the other line said that someone filed a complaint about me or on me and that I needed to call an "888" number with a... View More
answered on Sep 24, 2020
That's not the way the civil court or the criminal court system works. Sounds like a scam or at least shady.
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