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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 13
Do you have any Florida Collections questions page 13 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 419 previously answered Florida Collections questions.
Collections
Florida

Recent Legal Answers

Unpaid bill?

Answered 12 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Its probably an ID theft/fraud issue. I wouldnt pay any money unless you could confirm that its a real debt as the mere fact the account was "closed" means little as opposed to paid and closed.
Its probably an ID theft/fraud issue. I wouldnt pay any money unless you could confirm that its a real debt as the mere fact the account was "closed"... Read More

will a cash advance company report an paid debt

Answered 12 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If the report credit issues at all they are required to report correctly under the FCRA. If you would like, we do offer FREE consultations to assist in determing how we can help. Just call 1-800-922-6442.
If the report credit issues at all they are required to report correctly under the FCRA. If you would like, we do offer FREE consultations to assist... Read More

can a garnishment begin 6 years after a ruling against you was made?

Answered 12 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Yes, as long a judgment is valid, its enforceable. If you would like, we do offer FREE consultations to assist in determing how we can help. Just call 1-800-922-6442.
Yes, as long a judgment is valid, its enforceable. If you would like, we do offer FREE consultations to assist in determing how we can help. Just... Read More

Is This a small claims issue or a Criminal issue

Answered 12 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Its really neither. Its a hard lesson not loan things out to people. It will cost you more than the valueof the uniform to file a suit and the police will likely not treat it as a theft but a "civil matter" because you voluntarily gave them possession of the item.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
Its really neither. Its a hard lesson not loan things out to people. It will cost you more than the valueof the uniform to file a suit and the police... Read More

Are buyers of bad debt governed by FDPCA? HELOC defaulted in 2010. Bank charged it off. House upside down. Third party says they bought debt in 2012.

Answered 12 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Generally, yes and in Florida, the FCCPA. If you would like, we do offer FREE consultations to assist in determing how we can help. Just call 1-800-922-6442.
Generally, yes and in Florida, the FCCPA. If you would like, we do offer FREE consultations to assist in determing how we can help. Just call... Read More

What is the best course of action for me to take now?

Answered 12 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will unfortunately have to defend the issue in court. If you would like, we do offer FREE consultations to assist in determing how we can help. Just call 1-800-922-6442.
You will unfortunately have to defend the issue in court. If you would like, we do offer FREE consultations to assist in determing how we can help.... Read More

I have a Home Equity Line of Credit. The loan has been sold to another company. Am I legally obligated to give them a copy of my pay stub & tax return

Answered 12 years ago by W Chase Carpenter (Unclaimed Profile)   |   1 Answer
Well, “legally obligated” is alittle ambiguous, but I think I know what you mean.  Likely, the debt collector is seeking this information in an attempt to find some way to work out the debt – like a modification in payments or something like that.  Obviously, I’m making some assumptions since I only have the information provided, but, generally speaking, if you don’t provide the information, they aren’t going to have any work-out options.  Of course, even  if you provide the information, they may still not have any options.  But, if you don’t work it out, they will likely file a suit against you to foreclose against the lien.  In these situations, I highly advise seeking a consultation with a foreclosure defense attorney.  Upon review and discussion of the details of your situation, an attorney can not only explain your legal standing, but also provide you with what options (legally) you may have.... Read More
Well, “legally obligated” is alittle ambiguous, but I think I know what you mean.  Likely, the debt collector is seeking this... Read More

how do i beat the courts when i dropped charges and they took over?

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will likely have to convince the State to do so, may have to reimburse them for thousands of dollars of wasted tax payers dollars, and depending on "why" you know he is innocent, disclose the actual perpetator or possible risk prosection yourself for filing false report. The legal system takes a dim view over family members that "call the cops" and then later when heads have cooled, drop charges like nothing happened.... Read More
You will likely have to convince the State to do so, may have to reimburse them for thousands of dollars of wasted tax payers dollars, and depending... Read More

Should I cancel my visa check card?

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If you believe it was a scam, yes.
If you believe it was a scam, yes.

where on the web can I find a motion for summary judgment?

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
There is no such form. Summary Judgment revolves around application of law to specific facts.
There is no such form. Summary Judgment revolves around application of law to specific facts.

Do I need to pay my car final payment more than the amount stated in my retail installment sale contract ?

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Possibly. Depends on what the amount claimed is for and why?
Possibly. Depends on what the amount claimed is for and why?

can a suit be filed when an attempt to collect a "debt" was never made?

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
This is why lawyers exist. "Husband signed proposal/contract" + claiming we didnt have a contract + self lawyering research about "meeting of the minds" on internet = lawsuit. Its unfortunate, but fighting over the $75.00 amount that you may actually owe, may cost you a lot more. Depending on what the other side is doing, you may need to actually hire a lawyer to help figure this out before it gets out of hand. If you are interested in hiring an attorney to help you, we do offer FREE in office consultations to explore how we can help. Just call 1-800-922-6442.... Read More
This is why lawyers exist. "Husband signed proposal/contract" + claiming we didnt have a contract + self lawyering research about "meeting of... Read More

does the date change on a debt everytime it is sold to a new credii agency

Answered 12 years and a month ago by Mr. Guy Piers Coburn (Unclaimed Profile)   |   1 Answer
No.  The date that the Statute of Limitations begins to run is the date of default i.e. the date you first missed making a payment, but only if you have not made any payments since then.  If you make a payment, then the limitations period starts over again.   Selling the debt to a new debt buyer does not change the statute of limitations.  If it has been more than five years since you last paid on the debt and someone is trying to collect the debt, you may want to speak to an attorney about whether you have a claim under the Fair Debt Collections Practices Act or the Florida Consumer Collection Practices Act.... Read More
No.  The date that the Statute of Limitations begins to run is the date of default i.e. the date you first missed making a payment, but only if... Read More

can a debit collection ageny garnish my bank account with out proof that i even owe this debit and take more than what was said to be owed.

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Sounds like a judgment was entered because that may have been what your wife agreed to as part of payment plan. You should hire an attorney ASAP to help you. If you are looking to hire a lawyer you can call our office at 813-877-6442 to arrange for a FREE in office consultation. 
Sounds like a judgment was entered because that may have been what your wife agreed to as part of payment plan. You should hire an attorney ASAP to... Read More

Can a debt collector attorney take my income tax refund?

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Possibly, assuming there was a judgment and they get some form of court order.
Possibly, assuming there was a judgment and they get some form of court order.

If I win personal loan case, can his wages be garnished?

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Possibly. Assuming he is not exempt and has the money to pay. If you are looking to hire a lawyer you can call our office at 813-877-6442 to arrange for a FREE in office consultation. 
Possibly. Assuming he is not exempt and has the money to pay. If you are looking to hire a lawyer you can call our office at 813-877-6442 to arrange... Read More

Can a debt collector continue to charge interest on a garnishment that has been paid?

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Its a mathmatical calculation. You just have to add up whatis owed for judgment amount at stated interest and compare to what you've paid....either its all paid or its not with X dollars owed.
Its a mathmatical calculation. You just have to add up whatis owed for judgment amount at stated interest and compare to what you've paid....either... Read More

my late husband wrote a check for a down payment for an automobile. A third party covered the check it went to collections 8 yes ago. Can they come

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not likely. YOu may have an FCCPA claim here.YOu can call our office at 1-800-922-6442 for a FREE consultation.
Not likely. YOu may have an FCCPA claim here.YOu can call our office at 1-800-922-6442 for a FREE consultation.

Harassed by Collectors for someone elses

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
This may be an FDCPA or FCCPA case. We handle these routinely. You can call us at 1-800-922-6442 for a FREE consultation.
This may be an FDCPA or FCCPA case. We handle these routinely. You can call us at 1-800-922-6442 for a FREE consultation.

Forgery by law firm

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Its impossible to tell what happened or what your talking about. You need to be more coherent in your explanation. This is especially true because you describe concepts that lawyers do use, like payoing you a $5,000.00 bonus from a settlement.
Its impossible to tell what happened or what your talking about. You need to be more coherent in your explanation. This is especially true because... Read More

Can I be sued Over $10,000

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Answer is, Yes. She will have to prove damages, but to a jury, adjuster or judge, and but not you, however. Your insurance should handle this unless you dont have insurance or bought cheapo coverage. 
Answer is, Yes. She will have to prove damages, but to a jury, adjuster or judge, and but not you, however. Your insurance should handle this unless... Read More

OLD CREDIT CARD DEBT

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Possibly because your absence from the country mayhave tolled the statute of limitations and you may also have to apply the SOL from the state where the debt originated,not Florida.
Possibly because your absence from the country mayhave tolled the statute of limitations and you may also have to apply the SOL from the state where... Read More

Jurisdiction

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Gook luck collecting on it. Unless its a lot of money, its probably a lesson learned, and thats it. But to answer your question, yes you can.
Gook luck collecting on it. Unless its a lot of money, its probably a lesson learned, and thats it. But to answer your question, yes you can.

Telemarketing Issue

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If he made the deal.....he made the deal. If they file suit, he may have to contend with it.
If he made the deal.....he made the deal. If they file suit, he may have to contend with it.

Can I sue a phisian for putting a collection on my credit if I my insurance was not billed??

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If you can show that they CANNOT collect on you and must bill insurance, then you would have violation of FCCPA. It all revolves around the obligation to bill insurance not the opportunity. 1-800-922-6442.
If you can show that they CANNOT collect on you and must bill insurance, then you would have violation of FCCPA. It all revolves around the... Read More
Collections
Florida

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