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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 3
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Collections
Florida

Recent Legal Answers

I need an attorney to represent me in court. This involves a civil suit fron WellsFargo about a credit card.

Answered 7 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Unfortunately, most such defense cases involve legal fees paid by the client, which it seems you do not have the ability to do. You may want to contact local legal aid and seeif they can help if you qualify.
Unfortunately, most such defense cases involve legal fees paid by the client, which it seems you do not have the ability to do. You may want to... Read More

I have a deceased friends car on my property. The loan company was notified 2 days after his death.

Answered 7 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You need to retain a lawyer and have the car properly towed off the property with a tow service. 
You need to retain a lawyer and have the car properly towed off the property with a tow service. 

I took out a title loan (first mistake), them I lost my job. They repossessed my car and told me I had to pay 7500 to get it back help?

Answered 7 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
I bet I know who the title loan company is, and it has a fishy name. There is no title loan that is legitimate that should have a $7500.00 payoff with a 4,000.00 loan in a 3 week period. Problem is suing such a company civilly is expensive and high risk. You shoudl make a complaint with the Attorney General and the OFR,and see if that gets any result. You might not be able to avoid to issue about the repo as you have no means to repay the loan under its terms, but you can certainly address them skiming extra money from you over the money and interest the woud be entitled to for the 1 month loan. ... Read More
I bet I know who the title loan company is, and it has a fishy name. There is no title loan that is legitimate that should have a $7500.00 payoff... Read More

I received a Final Judgment 5/6/2013 against an individual who was at fault in an auto accident. How difficult would it be to collect on this matter?

Answered 7 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Good luck......there is reason why lawyers wont pursue such cases absent highly collectible defendants. 
Good luck......there is reason why lawyers wont pursue such cases absent highly collectible defendants. 

What kind of lawyer do I need to help with a credit union trying to collect a credit card debt.

Answered 7 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
I am confused  - I thought you said that YOU breached your agreement in not paying on a credit card. Sounds like BOTH sides are not doing what they agree to. You may need to spend some money and hire a lawyer to help sort this all out. 
I am confused  - I thought you said that YOU breached your agreement in not paying on a credit card. Sounds like BOTH sides are not doing what... Read More

won a default judgement. what do I file next to collect and the app. cost

Answered 7 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Now you get to see why lawyers dont take cases against individuals on a contingent fee. Getting a default judgment is one thing, collecting, and collecting cost effectively, is another. 
Now you get to see why lawyers dont take cases against individuals on a contingent fee. Getting a default judgment is one thing, collecting, and... Read More

Tickets went to collections, license suspended...how can I get license back?

Answered 7 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Contact DMV and pay the tickets and and charges imposed is the most likely means,
Contact DMV and pay the tickets and and charges imposed is the most likely means,

What's the status of limitation for a civil suit

Answered 7 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Depend on the nature of the lawsuit but on an closed bank account over draft likely 5 years. 
Depend on the nature of the lawsuit but on an closed bank account over draft likely 5 years. 

What is the statue of limitations on collecting a judgment of small claims awarded to you?

Answered 7 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Generally 20 years
Generally 20 years

Is there a statue of limitations on court orders re. legal costs

Answered 7 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Porbably - judgments are good for 20 years and most such debts are reduced to judgment when you lose. 
Porbably - judgments are good for 20 years and most such debts are reduced to judgment when you lose. 

Car Theft

Answered 8 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will likely need to hire a lawyer, at soime expense, to sort this out. Generally paying the past due amout AFTER repo does not get your carback - you will have to pay repo fees and other charges and sometimes the whole loan.
You will likely need to hire a lawyer, at soime expense, to sort this out. Generally paying the past due amout AFTER repo does not get your carback -... Read More

How do you stop a writ of wage garnishment?

Answered 8 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You generally don't if its a legitimate garnishment. Your remedies are to assert an exemption if you have one OR of thereis a problem with judgment such as bad service, seek to set it aside,but the garnishment marches on until one of those events happens. 
You generally don't if its a legitimate garnishment. Your remedies are to assert an exemption if you have one OR of thereis a problem with judgment... Read More

Have a $3500.00 small claims case My company filed for failure to remit payment. Do we need an attorney?

Answered 8 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
asking this AFTER you filed a lawsuit is simply poor business decision making. The answer is likely yes....unless you know how to ry a case in court.   
asking this AFTER you filed a lawsuit is simply poor business decision making. The answer is likely yes....unless you know how to ry a case in... Read More

I have several cases in different states of Florida.Could 1 lawyer do cases in the different states

Answered 8 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
I just left St. Maarten last week, I could have stopped by. LOL. That stated, you will likely need lawyers in EACH state or COUNTRY and have them coordinate, if there are any international issues, as it is unlikely one lawyer or even a law firm will be trully familiar with the laws of ALL arenas. As to the various COUNTIES you describe you can hire one lawyer to address all of the cases collectivey most likely........ BUT be aware that for the amounts you described and small number of cases, most collection lawyers would be unwilling to take such cases on a contingent fee for collectability reasons and you will likely end up spending more in legal expenses tha you may recover, especially being a foreign national. ... Read More
I just left St. Maarten last week, I could have stopped by. LOL. That stated, you will likely need lawyers in EACH state or COUNTRY and... Read More

Do I have any recourse?

Answered 8 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Possibly. If the company is a real company and not a scam. You need to consider shutting down the access to your account and changing accounts with your bank. You need to retain a lawyer to review this mess ASAP. 
Possibly. If the company is a real company and not a scam. You need to consider shutting down the access to your account and changing accounts with... Read More

Do I file a small claims in Florida county the defendant is located or the county the plaintiff is located in?

Answered 8 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If your legal knowledge base is that limited, its a clear sign that you need to retain a lawyer to take any action in court. Small claims court is NOT Judge Judy and i has a great deal of formality. 
If your legal knowledge base is that limited, its a clear sign that you need to retain a lawyer to take any action in court. Small claims court is... Read More

Being served for nonpayment on credit card. What are my options?

Answered 8 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You'll need to hire a lawyer to defend the lawsuit as you are getting sued in court. You cannot trust the collectors as they will take advanatge of you if they when you go to court on your own. 
You'll need to hire a lawyer to defend the lawsuit as you are getting sued in court. You cannot trust the collectors as they will take advanatge of... Read More

Hi, I was involved in car accident and i was at fault

Answered 8 years and 4 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
It sounds like you are being sued for "subrogation". If your insurance doesnt cover this then you will need to hire either a personal injury lawyer or insuance defense lawyer to represent you if you expect to defend the issue. 
It sounds like you are being sued for "subrogation". If your insurance doesnt cover this then you will need to hire either a personal injury lawyer... Read More

Is it possible to get a default judgement and garnishment overturned if the guidelines were not followed

Answered 8 years and 5 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Anyhing is possible. If you want to knowabout your specific situation you'll have to hire a lawyer at some expense to examine your situation and advise accordingly. 
Anyhing is possible. If you want to knowabout your specific situation you'll have to hire a lawyer at some expense to examine your situation and... Read More

Bank of America has filed a lawsuit against me for a loan. Am looking for a pro bono atty to help me am living on social security & have no money

Answered 8 years and 5 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Hate to tell ya - but not likely to happen for a variety of reasons. You probably need to hire a bankruptcy lawyer and discuss options with them. 
Hate to tell ya - but not likely to happen for a variety of reasons. You probably need to hire a bankruptcy lawyer and discuss options with... Read More

I was giving a subpeona for a debt i have never own

Answered 8 years and 5 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Its not a subpoena -ts a summons, meaning you are being sued. You need to retain a lawyer ASAP. 
Its not a subpoena -ts a summons, meaning you are being sued. You need to retain a lawyer ASAP. 

HOA late fees keep piling up

Answered 8 years and 5 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Unfortunately, you can't eat your cake and have it too. Since you haven't been able to resolve the issue, you will likely find HOA filing a lis pendens and then foreclosing on your house shortly so you are better served to retain a lawyer to address this ASAP. 
Unfortunately, you can't eat your cake and have it too. Since you haven't been able to resolve the issue, you will likely find HOA filing a lis... Read More

Can they levy your truck over a credit card debt

Answered 8 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Yes - once a judgment is rendered it doesnt matter what for. 
Yes - once a judgment is rendered it doesnt matter what for. 

Are Judgment Recovery companies reliable

Answered 8 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Collection of such judgments is ALWAYS the problem. Its simply a crap shoot and most often simply ends in a push. 
Collection of such judgments is ALWAYS the problem. Its simply a crap shoot and most often simply ends in a push. 

a small claims was filed against me in fl and i no longer live in fl

Answered 8 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
They can still serve you out of state for the lawsuit in Florida and your absence tolls the time for the statute of limitatons to run. You shoud hire a lawyer to address this issue directly. 
They can still serve you out of state for the lawsuit in Florida and your absence tolls the time for the statute of limitatons to run. You shoud hire... Read More
Collections
Florida

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