Florida Collections Legal Questions

Whether you owe the money under a statute of limitations is a very complicated issue, whcih you should consult with a lawyer directly about. I have litigated this issue extensively, and its not a clean cut issue most of the time. Youalso may have a case against the collector under the FCCPA for collections harassment, where you may be entitled to recover actual damages, a statutory penalty of up to $1000.00 and have the offender pay the attorney's fees. We do this kind of work extensively. You can call our office at 1-800-922-6442 for a FREE consultation.... Read More

Unlimited in Florida, as long as they don't improperly threaten litigation when the statute of limitations has passed. Once this occurs, you can send them a cease and desist letter and if they continue to demand payment you should be able to argue its a harrassment violation. You can call us at 1-800-922-6442 for a FREE consultation if you like.  ... Read More

You should dispute this both under the FCRA and the FDCPA/FCCPA. You should also write a cease and desist letter to the collector and creditor sent certified mail, demanding that the collections effort stop and that they remove it from your credit report, detailing your reasons why. Other than this, you may have to wait to see what they do or what records are produced as your loss of the records showing you owe nothing is unfortunate. If you find those records, you would have a strong FCRA or FDCPA (improper collectons) case.... Read More

Unfotunately, as a co-signor you will typically have all the liabilities of the loan, and few of its benefts. Since you ae being sued, I would suggest that you would need to retain an attorney to help you. If you woule like we do offer FREE in office consultations on such cases, BUT you will likely needto retain any lawyer to defend this isue on an hourly rate. ... Read More

The answer is yes, your request not to take car is of no consequence. However, they cant breach the peace and YOU should have called the police who would have made him leave. As to your being dragged, you may have several types of claims if there are witnesses other than you and the driver.... Read More

If the plaintiff already has a judgment against you then you should contact an attorney who does collection work. If no judgment has been entered against you and you intend to defend the case then you should call either a board-certified business attorney or a board-certified civil trial lawyer. ... Read More

Well, to answer your question directly – if you want to put liens or levy against your son’s property, you need a judgment (and then there’s a whole set of steps from there).  Now, just because you don’t have a written contract doesn’t necessarily preclude recovery of money that owed (although it does make it more difficult usually).  The aspect of your situation that I would bring to your attention is whether or not this $7,000 would legally be considered a gift.  And there’s some factors that can sway that one or another, but, for example, is this a general amount you’ve tallied from various small amounts/purchases/etc. or was this a lump sum given, say, for a loan?  Another consideration I would strongly urge you to think about is the practical side of suing your son.  Lawsuits can get ugly anyway and generally parties don’t walk away as friends.  Are you prepared for the consequences of a law suit of this nature?  Perhaps you may be able to find another route that would take care things.  However, that’s your call – if you’re interested in what legal recourse you may or may not have, you need to sit down with an attorney in a confidential setting and hammer out the details.  Frankly, I can’t say if you have a lawsuit, but it is possible.  To avoid potential statute of limitation issues, I would advise having a consultation sooner rather than later.... Read More