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Florida Collections Legal Questions

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419 legal questions have been posted about collections by real users in Florida. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include debtor and creditor, and creditors rights. All topics and other states can be accessed in the dropdowns below.
Florida Collections Questions & Legal Answers - Page 1
Do you have any Florida Collections questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 419 previously answered Florida Collections questions.
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Recent Legal Answers

Should I reply to a served lawsuit?

Answered 7 months ago by attorney Gregory M Lane   |   1 Answer
First thing NOT to do is not reply at all.  If you do not file an Amswer or any motions the Plaintiff wil likely seek a default which would then lead to a judgment against you anyway.  By answering or filing any relevant motions you have a fighting chance to maybe raise a valid defense or possibly even negotiate something to settle for less than the full amount.  Use the Find a Lawyer section here or contact your local county bar association for a referral.... Read More
First thing NOT to do is not reply at all.  If you do not file an Amswer or any motions the Plaintiff wil likely seek a default which would then... Read More

How do I find an attorney to handle my bankruptcy after it's been filed and my attorney left town? Where do I turn? Help!

Answered a year and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
The lawyer left town? or you owe the lawyer money and they are doing nothing until you pay? You might want to contact the Florida Bar and see if they can get the lawyer to respond. It is very odd that the lawyer would file Chap 7 and then "skip town."
The lawyer left town? or you owe the lawyer money and they are doing nothing until you pay? You might want to contact the Florida Bar and see if they... Read More

What kind of case would it be

Answered 2 years and 4 months ago by Mr. Howard A. Kurtz (Unclaimed Profile)   |   1 Answer
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state inquires.  Sincerely,  Kurtz & Blum
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state... Read More

Can a new home builder which also owns the title company require me to buy title insurance?

Answered 2 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Unless you are paying cash - everyone knows you will be required to buy title insurance. Its not a secret. Its required to by lenders to make sure there is good title to the property and YOU should want to buy it for that reason alone. 
Unless you are paying cash - everyone knows you will be required to buy title insurance. Its not a secret. Its required to by lenders to make sure... Read More

What do I say when replying to a summons from american express credit card company?

Answered 2 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Its virtually impossible for people to represent themsleves in court effectively despite a legal right to do so. Other than being steamrolled by actual lawyers represnting AMEX, you simply need to retain a alwyer to defend the lawsuit ASAP, though you will pay out of pocket for this as a its a defense case. ... Read More
Its virtually impossible for people to represent themsleves in court effectively despite a legal right to do so. Other than being steamrolled by... Read More

Where do I go from here?

Answered 2 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You pay the charges as they likely will act as a lien against cars you possess also and damage your credit. Then get with DMV and the ex to transfer full title to her and get your name off of it to stop from happening again. 
You pay the charges as they likely will act as a lien against cars you possess also and damage your credit. Then get with DMV and the ex to transfer... Read More

I had a home equity line of credit and it is showing "charged off", do I still owe the debt, can they still put a lien on my house?

Answered 3 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If you have a HELOC there is likely already a lien on your house. A charge off is simply means of claiming the debt is not collectable and is not a waiver unless you got a 1099 for the debt value. They will likely sell to someone else that may foreclose or otherwise sue to collect. 
If you have a HELOC there is likely already a lien on your house. A charge off is simply means of claiming the debt is not collectable and is not a... Read More

moved in with significant other, bought a classic car, new truck agreed the payments to be split 50/50 bank accounts opened

Answered 3 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You can always sue. The bigger issue is whether its worth the expense in legal fees to do so. Especially when this involves a busted relationship. 
You can always sue. The bigger issue is whether its worth the expense in legal fees to do so. Especially when this involves a busted... Read More

what do I have to do??

Answered 4 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You need to start with a real estate lawyer. 
You need to start with a real estate lawyer. 

Received a judgement in small claims court in Sarasota county against an individual for $1307 plus 6% interest anually. He has paid nothing.

Answered 4 years and 7 months ago by attorney Bruce Robins   |   1 Answer
There are attorneys who specialize in collections who charge a percentage of what they collect.
There are attorneys who specialize in collections who charge a percentage of what they collect.

Dispute a wrongful collection

Answered 4 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Pay the fine as every other option will cost far more and may have worse results.
Pay the fine as every other option will cost far more and may have worse results.

can I be sued?

Answered 5 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
and you are surprised by this why? YOU wanted to the puppy and agreed to pay for the financing. Its not Amazon or Walmart where you change your mind and get a refund. You made a promise, you broke it, and you owe the money. Do whats right and pay the person that actually took the financial risk to help you. Otherwise, dont cry foul about being a loser in life, how no one will help you and how its not fair, because doing things like this is where that starts. ... Read More
and you are surprised by this why? YOU wanted to the puppy and agreed to pay for the financing. Its not Amazon or Walmart where you change your mind... Read More

CAN I FILE MORE THAN ONE CLAIM AGAINST A COMPANY IN SMALL CLAIMS

Answered 5 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Possiby, it all depends on the invoices and transactions factually. 
Possiby, it all depends on the invoices and transactions factually. 

capital one has summons me for an amount of $12800.00 i need to respond to the court and their attorney with a letter of my side of the story.

Answered 5 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Sorry - none of that equates to a legal defense for not paying your credit card bills. To the contrary, the amount of the bill suggests that you racked up a lot of charges you couldn't pay for likely to "get by" which is almost aways a bad idea. Since you are being sued, you properly need to spend some money to hire a lawyer to defend the lawsuit, if for no other reason that to "keep them honest" and to try to work out some settlement or payment plan if possible. If you have a lot of debt you won't be able to pay, you need to retain a bankruptcy lawyer ASAP and consider pursuing that remedy. There is no "letter" explaining any side of the story that will resolve this issue. ... Read More
Sorry - none of that equates to a legal defense for not paying your credit card bills. To the contrary, the amount of the bill suggests that you... Read More

I have a problem with bad checks.How can I settle this.

Answered 5 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
This is not a legal question. This is an issue for your family or health care assistants to address. You can provide them what informatin you have and ask that they review your records or mail to ID the companies and the bad checks and then go from there. 
This is not a legal question. This is an issue for your family or health care assistants to address. You can provide them what informatin you have... Read More

I am curious. I have an issue where a company that I rented wheels from is saying that I am going to go jail, due to failure to pay.

Answered 5 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You have an issue because you knew you were in default for the rented rims, and they demanded them back,  and tried to be slick selling the car with them. If they send you a notice per Fla. Stat. 812.155 you are likely in a bind because if you don't pay off the rims you rented, they can simply fill out an affidavit and you will likely catch a felony rental theft charge by the local prosecutor. Not sure why you would rent rims and let them hold $1500 worth of rims as thats a poor decision. You should have slapped some cheap wheels and tires on the car when you rented the rims at issue.... Read More
You have an issue because you knew you were in default for the rented rims, and they demanded them back,  and tried to be slick selling the car... Read More

Can I be arrested for not submitting documents required after a civil case judgment, such as bank account, tax, house an car title and deed?

Answered 5 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Yes - you can be held in contempt and incacerated until you comply. 
Yes - you can be held in contempt and incacerated until you comply. 

Can a collection company gain access to a reverse mortgage line of credit?

Answered 5 years and 4 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not generally, though you might find that the lender may sue for a judgment just to hedge the bet in any probate proceedings or to try to locate assets you might have. You might want to talk to a bankruptcy lawyer and see what they suggest also. 
Not generally, though you might find that the lender may sue for a judgment just to hedge the bet in any probate proceedings or to try to locate... Read More

What do u do?

Answered 5 years and 4 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
The family law judge cannot relieve someone of a debt to a back. They merely dicatate who is responsible between the people getting divorced. You will likely need to retain a lawyer and sue the ex for the money in addition to going back to family law court and seeing if the judge will hold him in contempt.... Read More
The family law judge cannot relieve someone of a debt to a back. They merely dicatate who is responsible between the people getting divorced. You... Read More

What and who do i contact to file a suit against the man that murdered my daughter in 1991 for restitution?

Answered 5 years and 5 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Its likely that the satute of limitations bars such an effort and more properly, what are you expecting to acheive assuming you had the money to fund such an endeavor. Its a fair bet the man is insolvent. Such a lawsuit should have been pursued long ago if it was to be pursued at all. ... Read More
Its likely that the satute of limitations bars such an effort and more properly, what are you expecting to acheive assuming you had the money to fund... Read More

Threatening email from Cash Advance, Inc.

Answered 5 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If you got such an email its likely a collections practice violation if its not a scam. You can call our office at 813-243-9233 to discuss further.
If you got such an email its likely a collections practice violation if its not a scam. You can call our office at 813-243-9233 to discuss further.

Can I fight judgment in the state florida?

Answered 5 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Sure, but its expensive and difficult to undo a judgment unless you can show you wern't served properly. 
Sure, but its expensive and difficult to undo a judgment unless you can show you wern't served properly. 

being sue by mid florida credit union because of car being repossess

Answered 5 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Its called a deficiency balance. You will need to retain counsel to address this and try to minimze the damage, as they will also be adding legal fees and costs in most cases. 
Its called a deficiency balance. You will need to retain counsel to address this and try to minimze the damage, as they will also be adding legal... Read More

What type of lawyer do I use to sue a dental office that is illegally charging me?

Answered 5 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
This starts as a contract lawsuit possily intertwined with a collection violation. There are a lot of pieces missing so this is not likely a contingent fee case at the onset.
This starts as a contract lawsuit possily intertwined with a collection violation. There are a lot of pieces missing so this is not likely a... Read More

My stimulus money was sent to my x-husband. He has kept my $1200.. He sent me the letter saying it was deposited into his account

Answered 5 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
These are things that should have been dealt with in the divorce proceedings. You need to address this with your divorce lawyer ASAP. 
These are things that should have been dealt with in the divorce proceedings. You need to address this with your divorce lawyer ASAP. 
Collections
Florida

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