Florida Collections Legal Questions

No way to tell. MOst payday loan or short term online loans in general are scams and ID theft fishing holes. Check you credit report to see if there is indication of who you owe and deal with them. Never pay anyone any money simplybecause they call you or email you. If you have questions and would like a FREE consultation, simply contact our office at 1-800-922-6442.... Read More

If you are involved in any type of litigation it should not be without a lawyer unless you have an intimate working knowlegde of the litigation system and the law . If you cant or wont hire a lawyer then you should consider some other resolution as the risks of litigation are simply amplifed when you attempt to represent youself. If you have questions and would like a FREE consultation, simply contact our office at 1-800-922-6442.... Read More

Possibly, though once the suit is filed and served, they may find ways to negate a judgment. You should have consulted with a lawyer about obtaining a mortgage.  If you have questions or would like to discuss this issue further, we do offer FREE consultations. Just call 1-800-922-6442.... Read More

You need to either hire a lawyer to defend the case or be prepared to spend a lot of time trying to learnto be your own trial lawyer. Be VERY wary of representing yourself as there is a clear expectation by such companies that thier collection lawyer can out lawyer you enough so that you lose, even on cases where you should win. Once you lose, its over and hiring a lawyer at that point will be a waste of time. We do offer FREE consultations to see if we can help. Just call 1-800-922-6442.... Read More

Unfortunately, you made a bad decision. You're remedy now would be to file suit by hiring a lawyer, typically at an hourly rate, to try to get a judgment against him for the money, and then try to collect on the judgement. Unless you can show you were scammed by a "confidence man", where you would contact the police for fraud, you are stuck dealing witha deadbeat jerk or just letting it go.... Read More

You need a lawyer that does FDCPA/FCRA type cases as we do. However, removal of legitimate debt that you owe from a credit report is not function of any statute as the law supports quite the opposite. There may be some other issues though such as the method or manner of thier collection efforts that, if the violate the law, could be used as a vehicle to address the issue on a contingent fee, where the other side pays for you lawyer if you win. Otherwise youre remedies are typically hire a lawyer to fire off a letter or spending an amount equal to or greater than the amoutn at issue fighting with collectors in court.  If you feel we can help, feel free to  contact our office at 1-800-922-6442 for  FREE consultation.... Read More

You can sue for less than 5k, if you want small claims, so anything above that you will just forfeit. As a practical matter, you will spend dollars chasing dimes, so your better bet is to use the  money you will spend chasing the 5k to hire a lawyer to help you protect yourself better in the future.... Read More

It sounds like you have been dancing with the online or payday loan demons. Best way to find out, is ti be there at whatever time they say and see if they show up to serve the lawsuit. If its real,....they'll serve you and you can address that. If ifs fake, they wont show or keep giving you an excuse and tell yo ube there NEXT week, etc. Other than that, its a crap shoot.... Read More

You are being "bullied" because you have no idea whats going on in the litigation environment in court and confuse politics with procedure and they legal system is not obligated to edjucate, on adjudicate. This is why lawyers exist. Assuming what you describe is accurate, self lawyer has not work out well for you, and you would be wise to immediately retain counsel to address this issue.  If a judge said you would be arrested if you don't show, absent you wanting to spend thousands of dollars testing it out, its better to show up in proper fashion. We do offer FREE consultations to see how we can help. Just call 1-800-922-6442.... Read More

Too many variables to know for sure. Generally, answer is YES the can sue you, but you would likely have a clear defense based upon the expiration of the statute of limitations. If they threatened to sue you as described, you have a potential lawsuit against them for violating the consumer protection statutes in Florida and they may owe YOU $1,000.00, actual damages and payment of your attorney's fees and costs. You can call our office 1-800-922-6442 for FREE consultation on this issue if you would like.... Read More

As a general rule, if your name is not on the loan as a responsible party, then you are not personally responsible for the loan or any of the fees and expenses.  There are, however, exceptions to every general rule that may apply in your situation -- but not likely.   The standard procedure for a defaulted car loan is that once the lender repossesses the car, the lender must give notice to the borrower of his or her right of redemption before the car can be sold "in a commercially reasonable manner."   If there is a balance still owed, the lender can seek a deficiency claim against the borrower which could be a law suit.  If your husband has passed away, the lender could seek a claim against his estate, if there is an estate.  If there are no assets which were owned by your husband alone, then the lender will have no way to collect the deficiency.   The letter you got was probably addressed to your husband.  If it was addressed to you and you were not on the loan, you should advise the lender that they have made a mistake and that you are not responsible for the loan.  I recommend you send a letter, and keep a copy.  If the lender then tries to collect the debt against you afterwards, you should contact an attorney who knows about the Florida Consumer Collections Practices Act to consider a claim against the lender for Creditor Harassment.... Read More

Unfortunately, banks could care less about what you did with the money as it is your responsibility to pay the borrowed money back. In the future, personal loans to pay business debt are a terrible idea, as this is the reason why you have corporations to begin with, to AVOID personal debt. If you would like, we do offer FREE consultations to assist in determing how we can help. Just call 1-800-922-6442.... Read More

Depends. If you answer the phone and tell them to stop calling, generally no. If you dont answer the phone and simply see the caller ID, not likely unless it is literally every day for a sufficient length of time. Generally, its easier to document the harassment when you actually answer the phone and allow the collection agency to act badly than it is to simply document indiscriminate calls as they can claim they were trying to locate you, not collect money,since there was no response. If you would like, we do offer FREE consultations to assist in determing how we can help. Just call 1-800-922-6442.... Read More