Florida Collections Legal Questions

You really need to hire an attorney before you make mistakes that could be very costly. For example, you likely have no abilityto a request for production as the case is over, you lost, and the judgment is against you. At this point YOU have to give up the information requested, not the other side. If mean request for PROTECTION, or a motion for protective order, you wil likely have to file one and have it ruled on by the court PRIOR to depo date or risk contempt if you now show.... Read More

     Your question is not entirely clear, but here is what I am guessing based upon the information provided: You have been contacted by some kind of collector asserting that your husband owes money for a credit card cash advance from sometime in 2006.  Have you been paying on this debt?  If you have not paid anything, then the debt is most likely past the statute of limitations in Florida.  If a debt was formed by a written instrument, the creditor (or anyone the creditor assigns the debt to) has five years from the date of default to file a law suit.  If there is nothing in writing, then the limit is four years.  However, if you have paid upon the debt, your payment "re-sets the clock" and starts the four or five year period over again.      If the statute of limitations is passed, nobody can force your husband to pay the debt through the court system.  All you need to do is write a letter to the collector telling them (a) you want a copy of verification of the debt, and (b) to not contact you any more after the verification is sent.  (Keep a copy of the letter, and it might be a good idea to send it by Certified Mail, but it is not required.)  If they continue to try to collect the debt after that letter, contact an attorney who practices in the area of debt collection harassment, as the collector will have likely violated the Federal Fair Debt Collections Practices Act (FDCPA) and/or the Florida Consumer Collections Practices Act (FCCPA).      If your husband has made payments, then you can still send the letter.  The Collector may have "purchased" the debt and may have limited documentation, so the Collector would not be able to prove that the debt is owed if you went to Court.  The Collector may be collecting on behalf of the original creditor who has lost the documentation, or on behalf of a debt buyer.  In any event, if you send a letter demanding that you will not pay this debt and that the collector should not contact you any more unless they prove that it is a legitimate debt, you should stop the collection efforts.  If the collector continues to harass you, then contact an attorney who handles debt collection harassment cases.      If there has been a violation of the FDCPA or the FCCPA, your husband (and possibly you) may be entitled to recover damages of up to $1,000.00 even if you have not suffered any actual damages.  The attorney who handles your case will usually be paid by the collector if you win the case.      It is possible that this claim is fraud.  Again, if you send the letter, they will most likely move on to easier targets.      Often people have questions about what will happen to their credit report, but that is an entire other issue with a bunch of possible scenarios.  ... Read More

The contents of your questions tell me you have no clue about what is actually happening in your case, whcih is VERY VERY dangerous. You will need to hire an attorney, likely at your expense, immediately to make sure you dont get taken advantage of. You may need to borrow the money from others if necessary. You can schedule a FREE in office appointment at 1-800-922-6442 if you like.... Read More

Dunno. Sounds like the case was sent out to private collections but was returned to county for some reason. This could mean anything from just odinary course of business to they recalled it have suit filed against you or something. I would suggest you call the clerk and find out whats happening.  ... Read More

You can certainly get jail time for contempt, its simply a matter of discretion for the court and depends on what actually happened. Contempt hearings are very serious, you should hire an attorney immediately to help you. If you wish you can call our office at 813-877-6442 to arrange a free in office appointment.... Read More