Florida Collections Legal Questions

You should because you likely will have no idea what you are doing. By example, that you have a roommate with no roommate agreeement could cost you dearly and most renater/tenant lawyers would have told you that from the beginning. You also need to understand you may well be wasting your time spending money on this issue andbe better off simply moving on. ... Read More

Imposible to answer your question as phrased other than to say the county in which you file. That stated, if you intend to pursue enforcement of the note, you really need to hire a lawyer if you don't understand even where to file the lawsuit you intend. If its not worth hiring a lawyer to pusue the case, its not worth pursuing the lawsuit to begin with.... Read More

Please note that there is a difference between what a judgment creditor has the RIGHT to do, versus what the judgment creditor is likely to do or can choose to do.Once a judgment has been entered, the judgment creditor has the right to enforce the judgment by garnishment, levy or a few other judgment enforcement methods which may not apply to your case.  Most of the time, this right starts 10 days after the judgment has been entered.  With a few odd exceptions, the creditor does NOT need to accept your long-term payment plan -- The Judgment Creditor is free to choose to work with you, or to ignore your requests and invoke garnishment or levy. Here's where it gets complex: If your wages were garnished and you worked for someone else, then you could claim that your wages were exempt from garnishment under Fla. Stat. 222.11, which protects the wages of a Head of Family.  However, because you work for an S Corp that you own and are the sole employee, the application of the statute becomes more complicated, and depends on the circumstances.  On the other hand, if the judgment creditor puts you out of business, the creditor has no chance of getting paid -- That is the creditor's choice.  On the other hand, you may qualify for other exemptions which would allow you to exempt the money garnished; each natural person gets a $1000 personal exemption under the Florida Constitution, and another $4000 of you do not claim the Homestead Exemption (by statute).  But you have to claim those exemptions or they are waived.  There are other exemptions under Florida Law that may apply to you.There are a number of additional negative consequences to having a judgment entered against you.  It may appear on your Credit Report.  If you own any real property now or in the future (for up to 20 years), the judgment can become a lien on non-homestead property if a certified copy of the judgment is recorded in the county where the property is located -- however, mortgage companies will usually be unwilling to loan money to someone with a judgment against them, so it will be difficult to buy a home.If a Final Judgment has not yet been entered and you admit you owe the money, it is probably in your best interests to contact the Creditor's attorney and work out a payment schedule which should be clearly written as a "Payment Stipulation." The Stipulation should state that as long as you continue to make the agreed payments, the creditor will NOT have the judgment entered against you.  Letting the case go to default is usually a mistake.  You may be able to reduce the amount of attorney's fees, you may be able to negoticate a lesser total payback or a waiver of interest.... Read More

Candidly creditors and the courts are unconcerned about your living conditions or quality of life. If yo uhad a personal guaraantee and you owe the money for the business debt, in todays realm creditors frequently sue people and obtain judgments that are good for twenty years plus. YOu will need to find a way to resolve those debts, take your chances on gettin sued or possibly file bankruptcy. ... Read More

aaahhhhh the price of out smarting yourself. These are all questions you should have asked PRIOR to shuffling the money around and starting the shell game. YOu will simply need to spend a good bit of money hiring a lawyer to sort this out in detail and answer your questions in similar fashion. ... Read More

Its only harrassing if you answer the phone and they persist or you better yet have sent the cease and desist and they continue to call. What becomes a problem is when debtors run the duck and hide defense and the creditors are empowered to do things to establish contact. If you need to retain a lawyer to send them a proper no contact letter BUT be aware that if its a legitimate debt and you just avoid them, they will often just file suit against you or sell the debt to someone who will. ... Read More

The Statute of Limitations in Florida is 5 years for a written agreement, and 4 years for most other things including a loan without a written agreement.  Unless this creditor obtained a judgment against you, the debt is probably past the Statute of Limitations (there are a few unusual exceptions) and cannot be sued upon.  This does not mean that the debt is "gone," but that it cannot be enforced through legal process.Yes, it sounds like a scam.  I have heard of these kinds of scams before with old payday loans.  Your wages cannot be garnished unless there is a judgment against you, and even then there are exemptions and procedures that must be followed.The next time they call, before you disclose anything to the caller, get and write down the following information: (a) the name of the caller, (b) the name of the company he or she works for, (c) the name of the original creditor, if different, (d) the mailing address of the person at the company, (e) the amount of the original debt and the ammount they claim is currently owed, (f) Whether they have any paperwork on this debt that you signed, (g) whether they have filed a lawsuit or obtained a judgment.  If they  have obtained a judgment or have any paperwork, ask for them to send a copy -- and that you will not pay anything without seeing and verifying the paperwork.Then write a letter to the address given (send it by certified mail and make sure you keep a copy) telling the company that you demand verification of the debt, that you deny the debt, and to not contact you again except by mail.If they call again, they will be in violation of federal and state consumer collection laws, and you may want to talk to an attorney who handles Creditor Harrassment cases.... Read More

You are bound by the terms of the agreement. Period. Its always amazing how people that owe money always seem to graft some unannounced condition on when it comes to payment. Obviously, if you knew some monies were owed, you could have equally contacted the vendor to request an invoice or to remit payment. That stated the SOL for a non-written agreement debt is 4 years and if based on a written agreement 5. You may also have different SOL to deal with if the contract is deemed to be in another state, which is common for out of state vendors. ... Read More