Florida Collections Legal Questions

Unless you have a written contract that provides for separate payment of attorney's fees, you are probably SOL, unless you want to pay a lawyer out of pocket to write a letter, file suit, etc. This situation is the result of terrible busniness decision making. You should NEVER let a customer owe you what you cannot afford to walk away from. If you have further questions, please feel free to contact out office at 1-800-922-6442 for a FREE consultation. ... Read More

Sadly, for $1,600.00 the expense of trying to sue someone  and actually collect it may outwiegh the effort. This type of thing is something that you should consult with a lawyer to findways to protect yourself in advance, like taking deposits, credit cards for charges, etc. that would be more protective in the future. Should you have any questions or concerns, please feel free to contact our office at 1-800-922-6442 for a FREE consultation. ... Read More

Probably, assuming you are a Florida resident or the contract sets venue here. The better question is what law applies and if your NOT a Florida resident nor are they, whether there is jurisidiction over either of you. Depending on the  amount at issue though, sorting out such a complicated case, though interesting, is typically cost prohibitive. If you have any questions or concerns, please feel free to contact our office at 1-800-922-6442, for a FREE consultation. ... Read More

Yes and Yes. If you get multiple pay day loans and dont pay them back it can be construed as intent to defraud. If they go crazy collecting on you they are subject to the FDCPA and the FCCPA. If you have any questions or concerns, please feel free to contact our office at 1-800-922-6442, for a FREE consultation. ... Read More

No, you can't be arrested for not showing up for a court date regarding a civil debt (with a few unlikely exceptions).  Furthermore, if you are in Brazil, it isfairly unlikely that they will even bother filing a lawsuit against you.   (1) When someone is sued, the creditor must have the initial papers (Summons and Complaint) served upon the debtor.  In Florida state courts, this cannot be done by mail unless you consent.  Most of the time, someone needs to physically deliver the papers into your hand or leave them  with a person who lives with you.  The creditor CAN have you "served" by in another country or by publishing a notice in the newspaper -- but creditors rarely bother with that procedure for a collections case, especially if the amount is fairly small (under $15,000).   (2) Even if you were served and you did not defend yourself, the only result would be a default judgment against you.  This means that the Court officially recognizes that you owe the debt, and allows the creditor to take certain steps to try to force you to pay.  These steps include garnishment and levy -- which are very expensive and unlikely if you are in Brazil.   (3) filing a lawsuit against you costs money, and if you are in Brazil, the creditor knows that it is unlikely to get paid -- which makes it unlikely that the creditor will even bother to file a law suit against you. (4) The only way you can get arrested is if you are actually served with a subpoena or court order, which you ignore, and then you are served with an "Order for Contempt" which you also ignore.  Service by publication and even service in another country will not  work for these. ... Read More

While I can't provide any opinion as to the strength or weakness of your case against the landlord for the security deposit, if you are simply wondering how to go about filing a small claims' action, start with the clerk's website in the county in which the property is located.  Most counties in FL provide really good information regarding filing small claims' suits.  Basically, you will go to the clerk's office and fill out a "Statement of Claim" and pay the appropriate fee.  The Clerk will issue a Notice to Appear at a Pre-Trial Conference set for a specific date.  You can either hire a process server or send Certified RRR to the landlord to effect service of the Notice to Appear and Statement of Claim.  After that, many things can happen, but essentially, you'll go and the the landlord will admit, deny, or no-show.  If he no-shows, you ask for a default judgment.  If he admits, you get a judgment.  If he denies, likely you'll head to mediation.  If mediation doesn't settle it, you'll go to trial (on a later date) and attempt to prove your case.  Keep in mind a big factor in this proces - a judgment does not equal cash.  Getting a judgment enforced can be difficult.  Also, this is but a very brief and general description of the process.  Many lawyers will take on these small claims cases so you may find a small investment worth it to hire an attorney.... Read More

No, and this could be a violatin of the FCCPA which allows you to sue them for illegal collections practices. You should consider cancelling the bank account access immediately. If you have further questions, please feel free to contact our offices at 1-800-922-6442 for FREE consultation. ... Read More

If you can ID the company specifically, you may well have an FDCPA case if they are debt collectors. If its a process server, its far less likely, which sounds like what you described as the house visit. If you have other questions or concerns, please feel free to contact our office at 1-800-922-6442 for a FREE consultation. ... Read More

Depending on the facts, you may end up fighting with them over whether you owe it or not as the vehicle was likely still in your name. Hopefully there was a written sales agreement or some other documentation. In the mean time, you need to contact DMV and provide them information so they can remove you from the title and registration. ... Read More

Having dealt with this issue many times, the standard answer is "not gonna happen". He will have to make the choice of either he or brother paying what is owed, turning brother in for ID theft and getting off credit, or do nothing an it stays on credit report until it expires. Its important to understand that the bad brother esentially stole from the creditor so they will be unlikely to just let that pass at thier expense because it inconveniences your BF. If you have any further questions, we do offer FREE consultations. Just call our office at 1-800-922-6442.... Read More

There is something missing from these facts, as the finance company lives and breathes to collect money not repo cars. If you are "trying" to contact them to pay the debt owed, they are usually hyper recpetive to this and the vast majority of issues that arise here are that theget TOO aggresive trying to collect the money owed. You may want to hire a lawyer to correspond with them to get answers as they often will take such inquiry more seriously or refer to thier legal counsel. If you any questions please call our office at 1-800-922-6442 for a FREE consultation.... Read More