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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 4
Do you have any Florida Collections questions page 4 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
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Recent Legal Answers

Best way to sue a relative to collect a 16k debt and what are the statue of limitations for such a case?

Answered 8 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will need to hire a lawyer at some expense to address this if its to be addressed in a lawsuit. You can't just run around putting leins on things as an example. The SOL is likely 4 years assuming there was some provable agreement to repay the money, which in hindsight, you now see should have been made in writing or for the reasons now revelaed, not at all. Expecting criminals to be responsible and honest when you get them out is simply unrealisitc. ... Read More
You will need to hire a lawyer at some expense to address this if its to be addressed in a lawsuit. You can't just run around putting leins on things... Read More

Who do I speak to about issues between myself and a charter school. They don't seem to run on the same policies and this issue needs to be resolved.

Answered 8 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Probably need to hire a civil trial or consumer lawyer. The problem is you will likely pay close to the amount in dispute to hire a lawyer to figure out what actually occurred 
Probably need to hire a civil trial or consumer lawyer. The problem is you will likely pay close to the amount in dispute to hire a lawyer to figure... Read More

wage garnishment for second judgment

Answered 8 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
It won't necessarily matter as the creditor is likely aware of the expiration of the first and will pursue the second pretty quickly. 
It won't necessarily matter as the creditor is likely aware of the expiration of the first and will pursue the second pretty quickly. 

Car title loan repossession?

Answered 8 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not sure what you are asking - but the 30 day period is likely the term of the loan under that statute. 
Not sure what you are asking - but the 30 day period is likely the term of the loan under that statute. 

Stopped payment Check from Customer. Do I have a case?

Answered 8 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
THis may be a "bad check" type case. You probably need to hire a lawyer to handle this properly. 
THis may be a "bad check" type case. You probably need to hire a lawyer to handle this properly. 

I have a lein placed in my condo from cancer centers of America for $125,000.00. My insurance at that time was United Healthcare. They declined to pay

Answered 8 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You need to hire a lawyer to review this as it sounds like a judgment and if your condo is homesteaded you may need to file bankruptcy. 
You need to hire a lawyer to review this as it sounds like a judgment and if your condo is homesteaded you may need to file bankruptcy. 

Can a doctor office bill for office visits that occurred 3 1/2 years ago? I thought insurance covered this as I have not been billed in all this time.

Answered 8 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Maybe - there are too many "assumptions" in the post to begin to accruate determine. You may need to hire a lawyer or contact yourinsurance carrier at the time to see what happened. 
Maybe - there are too many "assumptions" in the post to begin to accruate determine. You may need to hire a lawyer or contact yourinsurance carrier... Read More

how can I get my scooter and IPad Pro back from an ex boyfriend who I placed an injunction against? When the abuse happened he was living in.

Answered 8 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
It the scooter is titled and registered in your name - you can hire a repo company to pick it up or just go get it. Law enforcement is not a relationship counselor nor dispute resolution program. Otherwise you will need to hire a lawyer to sue the ex for "replevin"
It the scooter is titled and registered in your name - you can hire a repo company to pick it up or just go get it. Law enforcement is not a... Read More

car title loan lawyer

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
So.......you get a title loan oout of desperation...likely because you have crap credit....and THEN don't make your payment on time....and YOU feel ripped off? First, if you are using a title loan company ....you are absolutely getting ripped off...BUT....thats because you are living beyond your means and borrowing money from a business that is one step short of Tony Soprano. Second, given the nature of thier business and the clientele, title loan companies are RUTHLESS. Assuming they abide by Fla. Stat 537, they can charge a hefty interest rate and BEFORE you take out the loan isthe time to dispute those amounts...not after you put out your financial fire with the money you borrowed. ... Read More
So.......you get a title loan oout of desperation...likely because you have crap credit....and THEN don't make your payment on time....and YOU feel... Read More

Will my old company be able to take me to court for overpaying me?

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Quite possibly - it should not surpise you that the law may support you keeping what you are not entitled to and paid by mistake. 
Quite possibly - it should not surpise you that the law may support you keeping what you are not entitled to and paid by mistake. 

We are trying to buy a house in Florida. My husband has some judgments on his credit report. We are willing to pay this off but do not know who to pay

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will need to hire a lawyer to hunt down the judgments, ID the holders and try to contatc them. If they can't be ID'd there are some procedures to address this also that a lawyer can assist with. 
You will need to hire a lawyer to hunt down the judgments, ID the holders and try to contatc them. If they can't be ID'd there are some procedures to... Read More

Should I even move forward`

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Its a crap shoot. Dating is not a contract. Whether you can prove he owes you money in court is a longshot so odds are you are wasting your time. In the future be more selective of whom you date. 
Its a crap shoot. Dating is not a contract. Whether you can prove he owes you money in court is a longshot so odds are you are wasting your time. In... Read More

Do I need to file an answer to the courts for a Summons to Pretrial Conference?

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If you are being sued and are not sure "how to proceed" that is why lawyers exist. You simply need to hire one to handle the lawsuit. 
If you are being sued and are not sure "how to proceed" that is why lawyers exist. You simply need to hire one to handle the lawsuit. 

Can I file a small claim against my son while he is on disibility

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
To what end? You will need to report this to SS or law enforcement and see what they can do. Otherwise, you will need to hire a lawyer and establish a guardianship. 
To what end? You will need to report this to SS or law enforcement and see what they can do. Otherwise, you will need to hire a lawyer and establish... Read More

Repayment of money loaned to a business by an individual person

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not easily and at great expense unfortunately. This is the price of not handling this issue properly from the start. This will be a classic "he said /she said " litigation case if the other giy wont pay up volunarily. 
Not easily and at great expense unfortunately. This is the price of not handling this issue properly from the start. This will be a classic "he said... Read More

can I be fined twice for the same thing

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not 2x for SAME thing but you might find its a per diem violation or a charge every few days that it doesnt get fixed. YOu will need to revew this with HOA an see what they say. Other than prnciple , its not worth hiring a lawyer to address as this will cost more than the amount in dispute. ... Read More
Not 2x for SAME thing but you might find its a per diem violation or a charge every few days that it doesnt get fixed. YOu will need to revew this... Read More

How can I get a debt of over $5,000 paid back

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Sounds like you now know the reason she has more money than you do. If she won't pay it back voluntarily, you will need to decide whether its worth invsting more money in a lawyer to file suit to try and recover the money. 
Sounds like you now know the reason she has more money than you do. If she won't pay it back voluntarily, you will need to decide whether its worth... Read More

What are the laws concerning recovery of personal property from a repossessed vehicle in Florida?

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
This is simply a sham, there is no $100.00 payment to recvoer personal items in a repo issue. They do this because its often he said she said and they know that hiring a lawyer will cost more to deal with the issue ....you can try to geta Sheriff to go with you to get your vehicle and the personal items and then retain a lawyer to sue over this if you want to later....... Read More
This is simply a sham, there is no $100.00 payment to recvoer personal items in a repo issue. They do this because its often he said she said and... Read More

Do i need an attorney to collect a business loan from an individual to a small company?

Answered 8 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Generally its a wise idea form several angles and if involving litigation a clear yes. 
Generally its a wise idea form several angles and if involving litigation a clear yes. 

Fraudulent Credit line?

Answered 8 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
They are NOT fraudulent accounts unless you want to confess to a consipiracy to bank fraud with your father. You made a poor choice, your father screwed you and now you have the respoinsibility of paying off the debt. You can sue your father if you like, but he probably has no money since he was using your accounts. ... Read More
They are NOT fraudulent accounts unless you want to confess to a consipiracy to bank fraud with your father. You made a poor choice, your father... Read More

I was charged a smoking fee at a hotel that I did not smoke in. I was sent a picture of a cigarette butt in a toilet but whose toilet? I need my $250.

Answered 8 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
The issue isn't what you left in the toilet but whether you smoked in the room. If you are NOT a smoker you are in a better position. If you DO smoke, and want to fight over whether you smoked in the room, you will likely have to spend more than the $250.00 in dispute fighting over the money in dispute. ... Read More
The issue isn't what you left in the toilet but whether you smoked in the room. If you are NOT a smoker you are in a better position. If you DO... Read More

Are collections agencies allowed to give out personal information?

Answered 8 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
They cannot disclose to third parties - if they disclose to you no issue. If they disclose to others, likely violates the FCCPA/FDCPA. Its a risk they take - and it also depends on the context of the conversation, such as if the person answering lies and claims they are you, etc.....
They cannot disclose to third parties - if they disclose to you no issue. If they disclose to others, likely violates the FCCPA/FDCPA. Its a risk... Read More

How can I collect money from a Judgement?

Answered 8 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
This is always a problem with one off cases for collection. They are not usually "contingent fee" cases unless the debtor is an easy collection target. If you are on an hourly rate/retainer you should expect to be billed for any work the lawyers perform including speaking to you about the case. If they aren't doing anything because they are unmotivated or slow, then you need to find new lawyers. IF on the other hand they are not doing anything because you are unwilling to pay the expenses an fees or pinching pennies in the effort, well........you can't have it both ways on such a case, and changing lawyers won't change that dynamic. ... Read More
This is always a problem with one off cases for collection. They are not usually "contingent fee" cases unless the debtor is an easy collection... Read More

Can my wages be garnish before going to court?

Answered 9 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Yes. It all depends on what you mean by "going to court". 
Yes. It all depends on what you mean by "going to court". 

Where can I find a writ of garnishment form(or similiar)for Lee County?Thanks

Answered 9 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If you have a judgment you want to collect you REALLY need to hire a collections lawyer. If you botch it up - YOU are likely to find yourself sued for damages or legal fees. 
If you have a judgment you want to collect you REALLY need to hire a collections lawyer. If you botch it up - YOU are likely to find yourself sued... Read More
Collections
Florida

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