Collections Legal Questions

Assuming that this is a valid judgment, and judgment in Florida is valid for 20 years.  However, the interest rate is not still 11% -- for the last several years, the interest rate has been 4.75% on judgments.  The rate used to change annually, but now it can be changed every 3 months.  The interest should be calculated for each year based upon each year's legal interest rate.Before you pay anything, you should determine if you are "collectable."  Florida has a bunch of exemptions in its Constitution and Statutes, and I can only mention a few.  If you own a home that is your primary residence, that home is exempt from the claims of creditors (regardless of value, but depends on land size) other than mortgage, taxes and a few others.  Every person has a $1,000 personal property exemption, plus an additional $4,000 if you do not claim a homestead.  The personal property value is determined at "fair market" (i.e. garage sale/thrift store) values.  If you are a "head of family" (you pay more than 50% of the support for a child or other dependent, including a spouse and even if the child is over 18), then your wages are exempt from being garnished.  Wages in the bank continue to be exempt for 6 months.  See Fla. Stat. 222.11.  If you are married and your spouse is not on the judgment, then anything jointly owned by both of you may be exempt as "tenants by the entireties" if it meets six requirements.  (If you have an account from before you were married, close it and open a new joint account, and ask the bank to title it as a "Tenancy by the Entireties" account.  Mostly, the requirements are that the things must be jointly owned and acquired after the date of the marriage.)  Retirement accounts are probably exempt.Knowing this is a huge advantage for negotiations.  Many people in Florida are "judgment proof" because a judgment creditor cannot force payment due to the exemptions.  You WILL have to provide financial information if requested through the Courts with a Subpoena, or if you want to negotiate a deal, but you can explain that you are a head of family so your wages cannot be garnished (if that's true), that everything you own is joint with your spouse (if that's true) so it cannot be taken and your bank accounts can't be garnished.  Or you can say that everything you have (which could include money in the bank) is less than your $5,000 exemption (if that's true).  If the debt buyer law firm knows that you know your exemptions and they can't force you to pay, they may be more willing to compromise.   Be very careful if you sign any agreements, as some tricky collectors try to get folks to waive their protection against garnishment for a head of family.... Read More

Not sure what you are expecting should be done. I assume the bank will look to you for the full value of the debt, and it was your obligation to start, is there something else that youthink should happen? If you have questions or concerns, please feel free to call ou office at 1-800-922-6442 for a FREE consultation. ... Read More

No. As described in the results so far, your self lawyering has not gone so well and is likely to make things even worse. You really need to hire a lawyer to address this before something worse happens. If you have questions or concerns, please feel free to call ou office at 1-800-922-6442 for a FREE consultation. ... Read More

Yes, because they can likely get to your asset of ownership of the LLC, like shares in an corporation, which has value, though they can't hold the LLC liable directly. If you have questions or concerns, please feel free to call ou office at 1-800-922-6442 for a FREE consultation. ... Read More

As a general rule, if you miss or forget to pay HOA fees, you will get assessed collections charges etc., depending on the terms of the HOA bylaws etc. If you then sent in partial payment, without some agreement otherwise, they will often send it to counsel to collect or file liens on the condo, etc. While it may be possible to fight the charges, at the value you described, it would more cost effective to pay the money, or pay themoney and THEN fiight for reimbursement, as you dont want to provoke a foreclosure over such a small amount of money.... Read More

Unless you have a written contract that provides for separate payment of attorney's fees, you are probably SOL, unless you want to pay a lawyer out of pocket to write a letter, file suit, etc. This situation is the result of terrible busniness decision making. You should NEVER let a customer owe you what you cannot afford to walk away from. If you have further questions, please feel free to contact out office at 1-800-922-6442 for a FREE consultation. ... Read More

Sadly, for $1,600.00 the expense of trying to sue someone  and actually collect it may outwiegh the effort. This type of thing is something that you should consult with a lawyer to findways to protect yourself in advance, like taking deposits, credit cards for charges, etc. that would be more protective in the future. Should you have any questions or concerns, please feel free to contact our office at 1-800-922-6442 for a FREE consultation. ... Read More

Probably, assuming you are a Florida resident or the contract sets venue here. The better question is what law applies and if your NOT a Florida resident nor are they, whether there is jurisidiction over either of you. Depending on the  amount at issue though, sorting out such a complicated case, though interesting, is typically cost prohibitive. If you have any questions or concerns, please feel free to contact our office at 1-800-922-6442, for a FREE consultation. ... Read More

Yes and Yes. If you get multiple pay day loans and dont pay them back it can be construed as intent to defraud. If they go crazy collecting on you they are subject to the FDCPA and the FCCPA. If you have any questions or concerns, please feel free to contact our office at 1-800-922-6442, for a FREE consultation. ... Read More

No, you can't be arrested for not showing up for a court date regarding a civil debt (with a few unlikely exceptions).  Furthermore, if you are in Brazil, it isfairly unlikely that they will even bother filing a lawsuit against you.   (1) When someone is sued, the creditor must have the initial papers (Summons and Complaint) served upon the debtor.  In Florida state courts, this cannot be done by mail unless you consent.  Most of the time, someone needs to physically deliver the papers into your hand or leave them  with a person who lives with you.  The creditor CAN have you "served" by in another country or by publishing a notice in the newspaper -- but creditors rarely bother with that procedure for a collections case, especially if the amount is fairly small (under $15,000).   (2) Even if you were served and you did not defend yourself, the only result would be a default judgment against you.  This means that the Court officially recognizes that you owe the debt, and allows the creditor to take certain steps to try to force you to pay.  These steps include garnishment and levy -- which are very expensive and unlikely if you are in Brazil.   (3) filing a lawsuit against you costs money, and if you are in Brazil, the creditor knows that it is unlikely to get paid -- which makes it unlikely that the creditor will even bother to file a law suit against you. (4) The only way you can get arrested is if you are actually served with a subpoena or court order, which you ignore, and then you are served with an "Order for Contempt" which you also ignore.  Service by publication and even service in another country will not  work for these. ... Read More

While I can't provide any opinion as to the strength or weakness of your case against the landlord for the security deposit, if you are simply wondering how to go about filing a small claims' action, start with the clerk's website in the county in which the property is located.  Most counties in FL provide really good information regarding filing small claims' suits.  Basically, you will go to the clerk's office and fill out a "Statement of Claim" and pay the appropriate fee.  The Clerk will issue a Notice to Appear at a Pre-Trial Conference set for a specific date.  You can either hire a process server or send Certified RRR to the landlord to effect service of the Notice to Appear and Statement of Claim.  After that, many things can happen, but essentially, you'll go and the the landlord will admit, deny, or no-show.  If he no-shows, you ask for a default judgment.  If he admits, you get a judgment.  If he denies, likely you'll head to mediation.  If mediation doesn't settle it, you'll go to trial (on a later date) and attempt to prove your case.  Keep in mind a big factor in this proces - a judgment does not equal cash.  Getting a judgment enforced can be difficult.  Also, this is but a very brief and general description of the process.  Many lawyers will take on these small claims cases so you may find a small investment worth it to hire an attorney.... Read More

No, and this could be a violatin of the FCCPA which allows you to sue them for illegal collections practices. You should consider cancelling the bank account access immediately. If you have further questions, please feel free to contact our offices at 1-800-922-6442 for FREE consultation. ... Read More

If you have not made a payment since 2008 (or ever) the 4 year statute of limitations has run and they cannot sue you. The only thing they can do is put this debt on your credit report.    Jeffrey D. Stearman, Esq. Fullerton, CA. 92831 (714) 871-7778 Always a FREE initial telephonic consultation.... Read More

If you can ID the company specifically, you may well have an FDCPA case if they are debt collectors. If its a process server, its far less likely, which sounds like what you described as the house visit. If you have other questions or concerns, please feel free to contact our office at 1-800-922-6442 for a FREE consultation. ... Read More

Depending on the facts, you may end up fighting with them over whether you owe it or not as the vehicle was likely still in your name. Hopefully there was a written sales agreement or some other documentation. In the mean time, you need to contact DMV and provide them information so they can remove you from the title and registration. ... Read More