×
Go back to Martindale-Avvo ➔

Florida Collections Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question
2
Details
3
Submit
1
Ask a Question
2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
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 16
Do you have any Florida Collections questions page 16 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

Redacting Information on Personal Bank Statements

Answered 12 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not likely, and not without court approval. The whole purpose of the FIS and post judgment discovery is to locate money and things to seize to satisfy the judgment.
Not likely, and not without court approval. The whole purpose of the FIS and post judgment discovery is to locate money and things to seize to... Read More

Can lenders, trying to collect payment, tell the borrower's contacts specific information regarding payment the borrower owes?

Answered 12 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
No. This is likely a violation of the FCCPA, a Florida statute similar to the FDCPA that regulates collections conduct. We do take these cases on contingent fee if you would like to contact us at -1-800-922-6442.
No. This is likely a violation of the FCCPA, a Florida statute similar to the FDCPA that regulates collections conduct. We do take these cases on... Read More

My attorney failed to provide opposing counsel documents that led to a trial continuance an additional 50,000 in fees. Is fee arbitration viable?.

Answered 12 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Its really impossible to tell because noone knows what the 50k in fees was for or why the information wasnt provided. If your talking about YOUR lawyers fees of 50k fee arbitration may be an option but that just changes the forum for resolving the dispute, not the facts.
Its really impossible to tell because noone knows what the 50k in fees was for or why the information wasnt provided. If your talking about YOUR... Read More

i have been sued by a credit union

Answered 12 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
We can certainly help you. Our office number is 1-800-922-6442.
We can certainly help you. Our office number is 1-800-922-6442.

can a commercial debt also be held to the same fdcpa laws as a personal debt for collection purposes

Answered 12 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Sadly, no. Sounds like you have a typical commercial contract dispute, that unfortunately you will usually have to hire an attorney on an hourly basis and try to get reimbursement if you win in proving your case.
Sadly, no. Sounds like you have a typical commercial contract dispute, that unfortunately you will usually have to hire an attorney on an hourly... Read More

is there a lawyer who can help me with garnishment of wages for free

Answered 12 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Absent legal aid in your area, unfortunately, there are very very very few lawyers who provide free legal representation to avoid judgment payment obligations. You would do well to retain an attorney to help you though, as many times these cases get out of control or have long ranging impact on your payment obligations.... Read More
Absent legal aid in your area, unfortunately, there are very very very few lawyers who provide free legal representation to avoid judgment payment... Read More

Custody Lawyer threatening to take me to court for balance on account

Answered 12 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Depends on the terms of your contract with the lawyer. If you agreed to pay her when billed for the work done, she may be entitled to full payment on demand. You should check your retainer agreement to see what the terms were. In general however, you making payment of "what can afford" does not typically prevent anyone from suing you, this an urban myth in most instances and many people, especially lenders like credit card companies, include specfic language to avoid those issues .... Read More
Depends on the terms of your contract with the lawyer. If you agreed to pay her when billed for the work done, she may be entitled to full payment on... Read More

I am a Computer Examiner in the state of Florida. Do I need a Private Investigator license?

Answered 12 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Depends on what you are doing and for whom. You probably should contact the Florida Department of Business and Professional Regulation and your local county licensing agency as a start.
Depends on what you are doing and for whom. You probably should contact the Florida Department of Business and Professional Regulation and your local... Read More

Summons answer

Answered 12 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Sounds like a small claims summons. If you are being sued and actually expect to defend the case you would be well served to hire an attorney. Be careful with settlements as many people are so freaked out by the thought the lawsuit they will sign papers to jump out of the frying pan and right int the fire. This is the WHOLE basis for Zombie debt lawsuits. We are in Tampa, and can provide you a free consultation to see if we can help. 813-877-6442.... Read More
Sounds like a small claims summons. If you are being sued and actually expect to defend the case you would be well served to hire an attorney. Be... Read More

cashing check without signature

Answered 12 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Its impossible to provide legal advise related to "what people could say" ie....if they lied about it. Even if the check was signed, they could lie and say its not thier signature. Best issue is to cover all the bases and make sure such checks are signed anyway. If you are a vendor, you should check your contract with the electronic readers as this may address some of the issues you ask about.... Read More
Its impossible to provide legal advise related to "what people could say" ie....if they lied about it. Even if the check was signed, they could lie... Read More

Is there help for a write off amount on a 2nd mortgage that was a short sale?

Answered 12 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
A short sale is NOT the same as a deficiency waiver. You can try a dispute under the FCRA if you thinks its reported wrong somehow.  
A short sale is NOT the same as a deficiency waiver. You can try a dispute under the FCRA if you thinks its reported wrong somehow.  

Can state attorney arrest you for not paying a debt

Answered 12 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Generally, NO. Unless its based on fraud or bad check, etc.
Generally, NO. Unless its based on fraud or bad check, etc.

process server Lied

Answered 12 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Sadly, most of these issues are NOT contingent fee cases. Contingent fee cases only work when the lawyer get a percentage of the money you recover. If your gettin sued, your owing money not gettin any. Same with hearings to get out a judgment, your starting point is you have already lost. YOu will probably need to plan on hiring an attorney out of pocket. BUT do not wait....as time passes, it becomes very difficiult if not impossible to get judgments reversed.... Read More
Sadly, most of these issues are NOT contingent fee cases. Contingent fee cases only work when the lawyer get a percentage of the money you recover.... Read More

What should we do and what can they do to him?

Answered 12 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
This may be a scam call as it has all the trappings of one. As a general rule, one cannot be "sent to jail" simply for not paying a debt. However, the problem is your husband never paid the loan back so it remains possible that this could cause problems for his probation or at least subject him to a civil lawsuit, etc. Its a bit of a catch-22.... Read More
This may be a scam call as it has all the trappings of one. As a general rule, one cannot be "sent to jail" simply for not paying a debt. However,... Read More

What should I do after receiving a motion to transfer venue?

Answered 12 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You need to hire an attorney to represent you. If you are in litigation and do not understand elementary motion practice, the odds are good you will simply get overrun by lawyers and end up with a bad result that may otherwise have been avoided. This is not a fault on your part, as this is common, becuase the legal system is very technical and complicated. Nonetheless, your question reveals a lack of knowledge whcih could be financially devastating.... Read More
You need to hire an attorney to represent you. If you are in litigation and do not understand elementary motion practice, the odds are good you will... Read More

I had a car repossessed in 2006 and the car was charged off 2/12/2007.

Answered 12 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Possibly, but it may be subjected to the statute of limitations for written contracts of 5 years.
Possibly, but it may be subjected to the statute of limitations for written contracts of 5 years.

I wrote some checks, fully expecting them to clear; a few days later there was fraud on mh acct.

Answered 12 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You would do well to make payment of the bad checks ASAP. Unfortunately, if you get sued for fraud for writing bad checks, it may not be dischargable in bankruptcy.
You would do well to make payment of the bad checks ASAP. Unfortunately, if you get sued for fraud for writing bad checks, it may not be dischargable... Read More

can they repo my house?

Answered 12 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Ironically, because motorhomes are commonly registered with DMV and treated as vehicles, not houses, its possible if you breach your agreement. Its impossible to tell for sure though without actually examining your contract/finance agreement.
Ironically, because motorhomes are commonly registered with DMV and treated as vehicles, not houses, its possible if you breach your... Read More

Hoa put lien on my house

Answered 12 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You should contact your HOA and make sure they file satisfaction of lien.
You should contact your HOA and make sure they file satisfaction of lien.

Association debt

Answered 12 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
While it would be nice if they did, the law deals with obligations not opportunities. There are very few legal remedies to make people be courteous. I doubt they want your house, they typically want the money that you either agreed to or are obligated to to pay.
While it would be nice if they did, the law deals with obligations not opportunities. There are very few legal remedies to make people be courteous.... Read More

I had a car loan with McDill Federal Credit Union and recently paid it off. I defaulted on their cc due to the times and that debt was discharged abou

Answered 12 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Possibly. It depends on the language of your agreement and circumstances.
Possibly. It depends on the language of your agreement and circumstances.

Can I sew an individual if the individual promised to pay back money i loaned to them but promised via text message?

Answered 12 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You can try a small claims action if you want but you may just be wasting time. Rule #1 is never lend money youcant afford. If he has none and you cant hire a lawyer to help you, its not a financially viable case. As example it will likely cost you iin excess of 500.00 just to file small claims case... Read More
You can try a small claims action if you want but you may just be wasting time. Rule #1 is never lend money youcant afford. If he has none and you... Read More

I D Theft

Answered 12 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
May be very diffcult. If its obvious ID theft you might have violations of the FDCPA and we can help. If its not so obvious to other people, you may have to hire an attorney at an hourly rate. Again we can help but there may be significant cost. It sucks but thats the biggest issue with iD theft... Read More
May be very diffcult. If its obvious ID theft you might have violations of the FDCPA and we can help. If its not so obvious to other people, you may... Read More

I am under a dispute over resort fees in St Lucia when I rented there. A US based collections agency send me a letter. Can they do that?

Answered 12 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
That you merely dispute a bill is typically not enough to bar collections actions. Even in the US, such a dispute merely requires that the collector double check its information and acknowldge that the debt is disputed if reporting it to third parties. Its possible it will affect your credit and they may hire US counsel to collect the money via legal action if they decide the amout is worthwhile.... Read More
That you merely dispute a bill is typically not enough to bar collections actions. Even in the US, such a dispute merely requires that the collector... Read More

A contractor owes me money.

Answered 12 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Need more info. You're options may range from mechanics leins to legal action. Much of it will depend on your situation and whether hiring a lawyer at an hourly rate is an option. Otherwise you may find that getting paid AFTER the work was done is very hard if you did not protect yourself up front.... Read More
Need more info. You're options may range from mechanics leins to legal action. Much of it will depend on your situation and whether hiring a... Read More
Collections
Florida

Helpful Resources