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Florida Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Collections for Florida on
Q: What is the best way to negotiate unsecured debt lawsuit with the original Bank? I cant afford a lawyer

I have no assets that can be taken and no money.Im not working and applied for SS disability as it will be my only income when received Im 59 y old.How can I get the lowest possible agreement with the bank.I do not want to file bankruptcy.

Barry W. Kaufman
Barry W. Kaufman answered on Jul 31, 2021

Once the bank hands the account to the lawyer/law firm, you should deal with the law firm. Call them and tell them you want to negotiate a payment plan. You will have to offer them an amount that makes sense in relation to the debt. $25 a month on a $5,000 debt is silly, as an example. (If they... Read more »

2 Answers | Asked in Civil Litigation, Contracts, Consumer Law and Criminal Law for Florida on
Q: I was deceived in a business transaction and signed two titles to vehicles I owned for someone to sell on consignment.

I sent two trailers out of state to a trailer dealer who is going to sell them on consignment and sent the signed titles. He had promised he was going to pay me and has not. I don’t know if he sold them but he was supposed to pay me nonetheless for the trailers at delivery and he did not. There... Read more »

Henry George Ferro
Henry George Ferro answered on Jul 30, 2021

This does not appear to be a criminal case…it is a civil law issue in contracts…you should immediately communicate you desire not to sell these trailers to the consigned.

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2 Answers | Asked in Consumer Law and Contracts for Florida on
Q: What can i do if my car was repossessed and sold within 10 days even if i caught up on my owed amount

My vehicle was sold within 10 days of being repossessed for the amount $551 being owed i paid the 551 and a payment but was unaware the dealer already sold my vehicle as they didnt notify me i made more payments afterwards and went to pick it up and they said they sold it already i was never... Read more »

Linda Liang
Linda Liang answered on Jul 25, 2021

After your car is repossessed, your lender must give you written notice that the car is repossessed. The car can then be sold at a public auction or private sale. The lender must give you notice of the auction or private sale date. If they broke the law, they should cut you a deal to make you whole.

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3 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Foreclosure for Florida on
Q: Civil Defendant insolvent.Does it help to communicate that with Plaintiff so they will not pursue judgement?

What are usual odds for this that Plaintiff drops case since it cant collect ever anyway?

Phillip William Gunthert
Phillip William Gunthert answered on Jul 25, 2021

They will not drop it in all likelihood as they know they can get the judgment if it is legitimate and then hound you and or hold it over you for the next 10-20 years unless you file for bankruptcy. Your best bet is to show up and try to fight them if you have any defenses or if they cannot prove... Read more »

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2 Answers | Asked in Civil Litigation, Consumer Law and Criminal Law for Florida on
Q: I had sent a notice to a liquor store not to sell to a loved one and they still did. How do they get charged?

562.50  Habitual drunkards; furnishing intoxicants to, after notice. Police said they are supposed to be charged with a 2nd degree misdemeanor.

Letters were sent certified.

Police at first said they would do something at first, but they wont. Because he is over 21. And they have to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 3, 2021

Did the police say why they aren't doing anything?

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2 Answers | Asked in Consumer Law and Foreclosure for Florida on
Q: In 2009 for I bought a house $165,000 with $60,000 as a down payment. 2017 I got a loan modification now I owe $154,000
Adam Ira Skolnik
Adam Ira Skolnik answered on Jun 29, 2021

I cannot ascertain what you are asking about? Please provide further information.

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2 Answers | Asked in Consumer Law, Criminal Law, Family Law and Civil Rights for Florida on
Q: What does B.A.R mean?

I need clarification

Henry George Ferro
Henry George Ferro answered on Jun 24, 2021

The only thing that comes to mind is what separates the gallery from the area where lawyers work in the courtroom. The other is the organizations that are made up lawyers throughout the country.

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2 Answers | Asked in Consumer Law, Contracts and Legal Malpractice for Florida on
Q: Civil plaintiff attorney has effectively gone missing since April. Resulting in missed deadline sanction won’t call bar

Radio silence to even the bar

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 19, 2021

And what is your question? If this is your attorney find another attorney, who can, take over your case and determine what, if anything, to do about the missing attorney.

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1 Answer | Asked in Consumer Law and Products Liability for Florida on
Q: Is it possible to file a claim against the manufacturer of my siding because it caused the wood to rot?
Tim Akpinar
Tim Akpinar answered on Jun 6, 2021

A Florida attorney could advise best, but your question remains open for four weeks. It's difficult to say, based on this brief description. If there were underlying conditions in your building that caused the rot, it could be difficult to attribute rot to new siding materials. But that could... Read more »

1 Answer | Asked in Consumer Law and Education Law for Florida on
Q: was the exam for MFT in NJ for 1988 considered a national or state exam

i am applying for fl license as a MFT and they are not sure if the exam was a state or national exam. Please help!!!!

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 4, 2021

I have no idea what MFT means. If you took it in New Jersey, I would guess you should ask you question in Justia > Ask a Lawyer > New Jersey. If you mean "Marriage and Family Therapist"(https://en.wikipedia.org/wiki/Family_therapy#Licensing_and_degrees), it would be a state exam.

1 Answer | Asked in Consumer Law for Florida on
Q: Can a car dealership tell me who I can and can't have insurance through?

I bought a car from a buy here pay here lot. Can they dictate who I get insurance from?

Terrence H Thorgaard
Terrence H Thorgaard answered on May 11, 2021

Depends on the terms of the purchase contract.

2 Answers | Asked in Consumer Law, Contracts, Personal Injury, Business Law and Federal Crimes for Florida on
Q: Is my CPA at fault for our identity theft? She was hacked some months ago and should have cyber security in place.

The IRS would not accept our 2020 tax filing because one was already filed. Our 3rd Stimulus check was also stolen because our CPA was hacked. She later informed me of this and said some of her other client's data was also stolen and used. She should have adequate cyber security in place... Read more »

Linda Liang
Linda Liang answered on Apr 20, 2021

You said "She should have adequate cyber security in place". Do you have reasons to believe she does not and the fact that she does not caused the hack?

These are key findings to determine whether you have a cause of action based on negligence.

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2 Answers | Asked in Bankruptcy and Consumer Law for Florida on
Q: Can I get a uncompleted Bankruptcy off my credit report?

I filed for bankruptcy a few years back to hold off a foreclosure action. I was able to sell the house and did not complete the bankruptcy filling or the foreclosure. The bankruptcy is still showing on my credit report, how do I get it removed?

Melissa Cain
Melissa Cain answered on Apr 16, 2021

Your bankruptcy will stay on your credit report, whether or not you completed your case. It is likely to stay on there for 7-10 years from the filing date.

If you are looking to finance a large purchase in the future, you should develop a working relationship with a bank you like and...
Read more »

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1 Answer | Asked in Consumer Law and Banking for Florida on
Q: If my bank closed my checking account do they have a legal right to keep my money that was left in it?

I am a small business owner in FL. I received an EIDL loan from the government on March 16 for $55,900 to help me keep my business afloat during the pandemic. I had the funds deposited into my business checking account at BlueVine, and had no issues until Mar 29, when I suddenly received an email... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 12, 2021

While I am not sure who or what "BlueVine" is, unless it is a legitimate regulated commercial bank or credit union you may be out of luck. And in any event, since you are obligated to repay the entire $59,500 to the US Small Business Administration or to the US Treasury, I strongly advise... Read more »

1 Answer | Asked in Car Accidents and Consumer Law for Florida on
Q: We bought a used car, and the brakes failed while driving home, causing an accident. What is the dealer responsibility?

Nobody was hurt in the accident. ABout 3K damage was done to the car. The brakes failed. A police report was written documenting that fact. The dealer doesn't want to take responsibility for anything and expects the buy to pay for all repairs caused by the accident. Also, the dealer... Read more »

Charles M.  Baron
Charles M. Baron answered on Apr 8, 2021

That cannot be answered without analyzing all of the facts of the situation, including a review of the purchase contract. If you bought the car "AS IS", that would be a strike against you, but in limited circumstances, that can be dealer liability even with that kind of contract. Seek a... Read more »

1 Answer | Asked in Consumer Law for Florida on
Q: Can I sue my bank for neglece and stealing money from me?

My bank Space Coast Credit on two different occasions the bank took my money the first time they took my full SSI check and the second time only left me $211.00. I explained to the that I am on SSI and I depend on my check to pay rent and bills and rather than them take my money in one lump sum... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 3, 2021

It appears that the bank set off funds in your account because you owed the bank money for some reason. If this is the case, yes, they can do it.

1 Answer | Asked in Consumer Law and Real Estate Law for Florida on
Q: I don't want to renew 1 yr lease and offered 3 months and I'd be out, landlord said no during the pandemic

florida

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 29, 2021

You don't have the right to a 3-month lease extension, if that's what you are asking.

1 Answer | Asked in Consumer Law and Business Law for Florida on
Q: A retailer refunded me for a larger amount than what they were supposed to. In the state of florida can they persue me?
Keith Kanouse
Keith Kanouse answered on Mar 21, 2021

Yes they can if they want to but the right thing to do is to return the excess amount paid to you.

1 Answer | Asked in Appeals / Appellate Law, Consumer Law and Contracts for Florida on
Q: Can a denied motion have a second hearing without a motion for re-hearing after appeal?

Hi, I won an appeal on a default judgement case for my motion to set aside the default judgement, which was denied in the lower court. The appellate court remanded the case to the lower court for an evidentiary hearing. Recently the plaintiff has scheduled a hearing on my original motion to set... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 1, 2021

If it was remanded for an evidentiary hearing, it appears that the plaintiff properly scheduled a hearing. Be prepared at the hearing to offer evidence, as the appellate court ruled.

1 Answer | Asked in Consumer Law and Products Liability for Florida on
Q: Im a senior citizen Bought an HVAC for $5k. its never worked. 12 year warranty but dlr installer, mfg or dist wont back

I have all documentation and proof from point of purchase to defect determination. Unit has never worked and the installer/dealer won't fix or replace. There is a valid 12 year warranty but, no one from the manufacturer on down, will acknowledge responsibility. I am 63 (senior in FL) and no... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 23, 2021

Contact the Florida Attorney General's Consumer Affairs Office. If the unit was paid for through a program that program should be notified .

You have a right to sue them and can sue them in small claims court.

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