Florida Debtor And Creditor Legal Questions

You may defenses against garnishment which is how they take the money out, but these limited defenses. Other than trying to overturn the judgment, the creditor has a greater right to get information from you so they can take things from you to sell, etc to pay the judgment than you have in disclosing the information to stop it.... Read More

Typically, they must give you notice of the sale, incase you want to participate, and the value of the sale re: deficiency, essentially to be able to pursue the deficiency. They are normally not required to give you the sale documents "just because." If you intend to challenge the sale as not being commercially reasonable, they you would want to get the sale documents through the litigation process, for sure.... Read More

Typically it is a violation of the FDCPA or FCCPA if the collectors knows or is on notice that the time and place of the contact is inconvenient or if they contact "the employer" which may include supervisors or co-workers. If you have questions, you can call us at 1-800-922-6442 in Tampa to schedule a FREE in office consultation.... Read More

Its hard to tell what your issue is as it appears you made your inquiry from a cell phone that cut off your question. There is no such thing generally as a summons for mediation. I can only assume that you and your husband are being SUED for some reason. Given the short time within which you must respond, I would suggest you contact and retain legal counsel IMMEDIATELY to address your issues.... Read More

It is improper and illegal to contact you.  They are permitted to call once to obtain information.  After that, they are violating the Fair Debt Collection Practices Act and the Floirda Consumer Collection  Practices Act. You should be able to sue them and get them to stop calling and, in addiion, recover up to $1,000.   Lawyers like myself who specialize in this area should represent you at no cost to you.   www.ConsumerRightsOrlando.com  ... Read More

The answer, if there i a legitimate one, will likely lie in the paperwork and title history. As you will probably need to hire an attorney to start a contract breach type lawsuit, he should look over your records in this regard. I say this because is seems strange that YOU took out a title loan on a truck for which you did not have title at the time and the title loan company (sharks that they usually are) would allow youhave such a loan with a title in limbo. More immediate question is, a such loans are usually very short term, is there a problem where the company will not be paying loan back and it may be repossessed? Also, you should talk to your corporate attorney about using company assets as collateral for personal loans. This is typically a no-no and could result in issues with your business partners if they later take the position that this was not authorized corporate activity or that you abused your position as an officer etc.... Read More

I believe that you have a lawsuit against the creditor under both state and federal law.    Based on the facts that you presented, you should be able to find a lawyer to represent you at no charge and possilbly recover damages for you up to $2,000. Go to www.ConumerRightsOrlando.com  ... Read More

First, since you Dad has passed, and it was a debt allged to be owed TO him, you, your mom or brother probably have no right or standing to demand payment from anyone. What most likely needs to happen is the establishment of an estate, and the personal representative or executor as some people call them, would have to take action to collect the monies or enforce repayment. The PR would then hire an attorney to secure recovery of the monies and if it is a verbal loan I would suspect quite a bit of litigation over the terms and conditions of repayment, since your father is not around to testify to the contrary unless the agreement is in writing.... Read More

If this is a legtimate company, you want to look into hiring an FDCPA lawyer, such as our firm, to prosecute an action against them civilly. Most of these cases we do on a contingency fee basis, and make the offender pay the fees. HOWEVER, many of the payday loan harassment cases are fraud cases by companies that dont exists collecting on debts that dont exist...if this is true you can report the info to the attorney general BUT they are incapable of doing anyhting about it if they cant identify the perpetrators, and by definition the fraud people are horribly hard to track... Read More

Typically, disbility payments are exempt from garnishment.  However, you must prove that all the funds trying to be garnished are from disability. You need to speak with a local consumer rights attorney.  There are various federal, local, and state consumer protection statutes that may protect your rights and a local consumer rights attorney will be able to determine which laws apply.   Most consumer rights attorneys offer free initial consultations to determine what options are available.  Bankruptcy may also be a consideration, but there are many considerations to be made before filing.  Only an experienced bankruptcy attorney can determine if bankruptcy is appropriate. 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

Each state's collection laws are different.  In PA for example, such a creditor cannot garnish your wages.  But they would be able to do the other things you mentioned such as a sale of tangible property and freezing your bank account.  One possible solution is a bankruptcy but that would probably cost you more than you on that one debt.   ... Read More