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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 17
Do you have any Florida Collections questions page 17 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

I have a collection agency harrsing me for some who had my new phone number.I told them I do not know the person and to stop calling.

Answered 13 years ago by N James Turner (Unclaimed Profile)   |   1 Answer
You have a lawsuit against the debt collector.   I just settled a case exactly like yours.   A lawsuit like this costs you nothing - the collector pays the fees and costs.  www.ConsumerRightsOrlando.com  
You have a lawsuit against the debt collector.   I just settled a case exactly like yours.   A lawsuit like this costs you... Read More

harrishment phone all day

Answered 13 years ago by N James Turner (Unclaimed Profile)   |   1 Answer
If you are receiving harassing phone calls from a debt collector, a lawyer specializing in this area should be able to stop the calls and recover up to $2,000 for you. www.ConsumerRightsOrlando.com    
If you are receiving harassing phone calls from a debt collector, a lawyer specializing in this area should be able to stop the calls and recover up... Read More

in flarida how long do i have to file a small claim case

Answered 13 years and a month ago by Mr. Richard Alan Alsobrook (Unclaimed Profile)   |   1 Answer
It depends on the case and the relief you are seeking.  If you have a potential lawsuit, you should contact a local attorney to determine when the statute of limitations tolls. Please see: http://www.nolo.com/legal-encyclopedia/statute-of-limitations-state-laws-chart-29941.html This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More
It depends on the case and the relief you are seeking.  If you have a potential lawsuit, you should contact a local attorney to determine when... Read More

Can I sue Paypal?

Answered 13 years and 2 months ago by N James Turner (Unclaimed Profile)   |   1 Answer
Yes, you can sue PayPal.   In a recent case before the Eleventh Circuit (Oppenheim v. I.C. System, Inc.), the court upheld a jury award of $1,000 in statutory damages and $20,986.21 in attorneys fees and costs against the defendant – a debt collector hired by PayPal to collect monies owed by plaintiff pursuant to PayPal’s contract for services. Plaintiff used PayPal to process payment for the sale of his laptop to another party over the Internet. After PayPal deposited the payment amount into plaintiff’s personal checking account, it was discovered that the payment was fraudulent. Pursuant to the User Agreement between PayPal and plaintiff, plaintiff assumed the risk for any bad payments. PayPal attempted to exercise its contractual right to reverse the transaction. When plaintiff refused to repay the funds, PayPal hired the defendant, I.C. System, Inc., to collect. Later, plaintiff sued I.C. System, Inc. under the Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collection Practices Act (FCCPA) for alleged illegal debt collection practices. Please go to www.ConsumerRightsOrlando.com for more information.... Read More
Yes, you can sue PayPal.   In a recent case before the Eleventh Circuit (Oppenheim v. I.C. System, Inc.), the court upheld a jury... Read More

wage garnishment

Answered 13 years and 2 months ago by N James Turner (Unclaimed Profile)   |   1 Answer
This question cannot be anwswered on a service like this.   You really need to hire an attorney to investigate this situation for you. www.ConsumerRightsOrlando.com  
This question cannot be anwswered on a service like this.   You really need to hire an attorney to investigate this situation for... Read More

Judgement

Answered 13 years and 2 months ago by N James Turner (Unclaimed Profile)   |   1 Answer
Are you in the Orlando area?   www.ConsumerRightsOrlando.com njtlaw@gmail.com  
Are you in the Orlando area?   www.ConsumerRightsOrlando.com njtlaw@gmail.com  

Collector

Answered 13 years and 3 months ago by N James Turner (Unclaimed Profile)   |   1 Answer
Hire an attorney.   www.ConsumerRightsOrlando.com  
Hire an attorney.   www.ConsumerRightsOrlando.com  

what happens to a lawsuit your husband had not settled if your husband passaway before it is settled

Answered 13 years and 3 months ago by attorney Thomas M. Bates   |   1 Answer
A "suggestion of death" needs to be filed and your husband's estate substitutes as the party to the lawsuit.
A "suggestion of death" needs to be filed and your husband's estate substitutes as the party to the lawsuit.

credit card default

Answered 13 years and 3 months ago by N James Turner (Unclaimed Profile)   |   1 Answer
I can't answer the question based on just the limited information that you have provided.   I would need to know more facts: 1.   Who is suing you? 2.   Do they have documentation in support of their claim? 3.  Is the plaintiff in the lawsuit the original creditor? 4.   How much is involved? 5.   Did you receive correspondence from the debt collector prior to them filing suit? www.ConsumerRightsOrlando.com  ... Read More
I can't answer the question based on just the limited information that you have provided.   I would need to know more facts: 1.   Who is... Read More

How can I tell if a subpoena is real.

Answered 13 years and 3 months ago by attorney Thomas M. Bates   |   1 Answer
Assume it's a valid subpoena otherwise you could be defaulted and lose your right to claim defenses to the lawsuit. You can look up the case by going on-line at your County Clerk's website and typing in the case number. 
Assume it's a valid subpoena otherwise you could be defaulted and lose your right to claim defenses to the lawsuit. You can look up the case by going... Read More

How do I clear charges a utility company in FL says I owe from an account I had in 2006?

Answered 13 years and 3 months ago by N James Turner (Unclaimed Profile)   |   1 Answer
Do you live in Florida?   I do need more information but you might not want to post that information on this site.  Why don't you contact me directly and I can give you more information. njtlaw@gmail.com  
Do you live in Florida?   I do need more information but you might not want to post that information on this site.  Why don't... Read More

Can I be sued for a 32 year old promissory note

Answered 13 years and 3 months ago by N James Turner (Unclaimed Profile)   |   1 Answer
You cannot be sued on a promissory note that is 32 years old.   In Florida, the statute of limitations is five years on a written instrument.
You cannot be sued on a promissory note that is 32 years old.   In Florida, the statute of limitations is five years on a written... Read More

vehicle repo

Answered 13 years and 3 months ago by N James Turner (Unclaimed Profile)   |   1 Answer
I think that it would be better for you to turn back the vehicle.    You have more certainty; the possilibility of violence is lessened; and, you can remove your personal property from the vehicle in an orderly fashion.
I think that it would be better for you to turn back the vehicle.    You have more certainty; the possilibility of violence... Read More

can a judgement be disputed aftet 4 years

Answered 13 years and 4 months ago by attorney Thomas M. Bates   |   1 Answer
A judgment may be void if there were no grounds for entry of judgment in the first place. You should speak to an attorney ASAP to determine your rights.
A judgment may be void if there were no grounds for entry of judgment in the first place. You should speak to an attorney ASAP to determine your... Read More

I live overseas but would like to pursue a former tenant of my propery for unpaid rent. Can you please recommend an attorney or agency Kissimee, FL?

Answered 13 years and 6 months ago by Mr. Richard Alan Alsobrook (Unclaimed Profile)   |   1 Answer
Please see: http://www.martindale.com/Results.aspx?ft=1&frm=freesearch&afs=kissimee%20florida%20creditors%20rights   This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More
Please see: http://www.martindale.com/Results.aspx?ft=1&frm=freesearch&afs=kissimee%20florida%20creditors%20rights   This is not... Read More

Hello, I just received a collection notice for an old Tmobile cell phone bill back in January 2004, which at the time had allot of mistakes on it.

Answered 13 years and 7 months ago by attorney Ian Richard Leavengood   |   1 Answer
Good question.  Just because you open a new account with the same service provider and make payment on the new account does not automatically toll and enlarge the statute of limitations on another, perhaps time barrded debt.  If T-Mobil continues to try and collect on the old debt, dispute it in writing.  Tell them specifically why you dispute it and why you will not pay it.  If they respond in writing - or take payment against your will -- contact a consumer lawyer.  You may have rights under the Florida Consumer Collection Practices Act.  Florida Statutes, Chapter 559.  www.leavenlaw.com... Read More
Good question.  Just because you open a new account with the same service provider and make payment on the new account does not automatically... Read More

what do I do when I receive a Plantiff''s motion for summary final judgement. It is for a credit card debit. 7 weeks till court date

Answered 13 years and 8 months ago by Mr. Richard Alan Alsobrook (Unclaimed Profile)   |   1 Answer
You need to submit a response to the motion stating any grounds for why the motion should not be granted.  It would be wise to consult with a local consumer rights attorney to help you.  Most consumer rights attorneys will offer a free initial consultation, and it would be in your best interest to contact one to protect your rights. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More
You need to submit a response to the motion stating any grounds for why the motion should not be granted.  It would be wise to consult with a... Read More

Can a creditor take a vechile you own to pay an unsecured credit card debt

Answered 14 years and 2 months ago by Richard John Meier IV (Unclaimed Profile)   |   1 Answer
In answering your question, I presume that the vehicle and the debt are not related (i.e. it is not an auto loan that you defaulted on). In that context, no one can take your property without having a judgment and a court order allowing them to seize your property, sell it, and then apply the proceeds to your debt. If they do have court authorization to seize your property and sell it, the have to provide an accounting of the funds to you and remit any excess funds to you.... Read More
In answering your question, I presume that the vehicle and the debt are not related (i.e. it is not an auto loan that you defaulted on). In that... Read More

Can a collection agency call on a Sunday, to someone other than you such as a separate family member(Father)?

Answered 14 years and 4 months ago by Richard John Meier IV (Unclaimed Profile)   |   1 Answer
The Fair Debt Collection Practices Act (FDCPA) regulates what a debt collector can say and do in the process of collecting a debt. The FDCPA does not prohibit a debt collector from calling during the weekend but it does regulate calls to anyone other than the debtor. A debt collection agency is allowed to call a person other than the debtor ONE TIME to try and find the debtor, and the debt collector can only call that person back if the person expressly requests a call back. The FDCPA also prohibits a debt collector from telling anyone other than the debtor anything about the debt (i.e that they are a debt collector, that you owe a debt, etc.). If the debt collector violates the FDCPA, they are liable for up to $1,000 in damages, any actual damages caused by the violation, and they are required to pay the reasonable attorney fees and costs associated with bringing a claim.... Read More
The Fair Debt Collection Practices Act (FDCPA) regulates what a debt collector can say and do in the process of collecting a debt. The FDCPA does not... Read More
Collections
Florida

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