Florida Debtor And Creditor Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question

2
Details

3
Submit
1
Ask a Question

2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
298 legal [2, *]questions have been posted about debtor and creditor 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 collections, and creditors rights. All topics and other states can be accessed in the dropdowns below.
Florida Debtor And Creditor Questions & Legal Answers - Page 8
Do you have any Florida Debtor And Creditor questions page 8 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 298 previously answered Florida Debtor And Creditor questions.

Recent Legal Answers

Could you go to Jail for not paying a Automobile Payday Loan

Answered 12 years ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
As phrased this would be a violation of the FCCPA, the Florida Collection Practices Act. HOwever, if there is a lien or you assigned title to the car to the lender, there could be some truth to the threat if you refuse to bring them the car on demand. If you have further questions, feel free to contact us at 1-800-922-6442 for a FREE consultation.... Read Answer
As phrased this would be a violation of the FCCPA, the Florida Collection Practices Act. HOwever, if there is a lien or you assigned title to the car... Read Answer

notice requirement for debt in small claims debt dispute

Answered 12 years ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
There is no minimum time. If there is a breach of the agreement, its ripe for suit. There is also no "statute to get the case dismissed" as these are legal issue that really need to be addressed by a lawyer. If you have further questions, feel free to contact us at 1-800-922-6442 for a FREE consultation.... Read Answer
There is no minimum time. If there is a breach of the agreement, its ripe for suit. There is also no "statute to get the case dismissed" as these are... Read Answer

Made payment arrangements, am making every payment early, now put in collections

Answered 12 years ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
If you can prove it, yes. This is always the issue when the only proof is the opponents records. If you have further questions, feel free to contact us at 1-800-922-6442 for a FREE consultation.
If you can prove it, yes. This is always the issue when the only proof is the opponents records. If you have further questions, feel free to contact... Read Answer

Can my bank account be frozen by the government if they are garnishing wages already

Answered 12 years ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
Yes. Garnishing wages is just one of many means to enforce a judgment.
Yes. Garnishing wages is just one of many means to enforce a judgment.

what will happen if stop making payments

Answered 12 years ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
Sue you for deficiency after selling for garage sale value for starters. Before you do such a tingm and given the value at issue, I would retain a lawyer to help you address the issue.
Sue you for deficiency after selling for garage sale value for starters. Before you do such a tingm and given the value at issue, I would retain a... Read Answer

I recieved a settlement check in my name but i did not sue anyone

Answered 12 years ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
No wat to answer this without examining check and more detail. For sure DO NOT CASH IT, as it could equally bea fraud scam.
No wat to answer this without examining check and more detail. For sure DO NOT CASH IT, as it could equally bea fraud scam.
no photo
Typically, no. In fact tif they did a 1099c and continue to report an accruing amount owed, you may have both a FCRA case and an FCCPA case to address. You should consult a local attorney in this regard ASAP! If you have further questions, please feel free to contact our office at 1-800-922-6442 to schedule a FREE consultation.... Read Answer
Typically, no. In fact tif they did a 1099c and continue to report an accruing amount owed, you may have both a FCRA case and an FCCPA case to... Read Answer
no photo
There are, but the added expense if un-necessary if you are simply looking to pay off your creditors. You are entitled to a FREE credit report that you can obtain by going on any website for Experian, Trans Union, or Equifax. From there contact your creditors, tell them you want to pay the bill ....and problem solved. You can contact our office at 1-800-922-6442 for a FREE consultation if you have additional questions.... Read Answer
There are, but the added expense if un-necessary if you are simply looking to pay off your creditors. You are entitled to a FREE credit report that... Read Answer

Does a contractor have legal recourse if he cashed a check with "Balance Paid in Full" in the memo?

Answered 12 years and a month ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
Not picking up certified mail is NEVER a good idea. The answer is generally no, that ruse does not work for a variety of reasons.
Not picking up certified mail is NEVER a good idea. The answer is generally no, that ruse does not work for a variety of reasons.

A creditor wants to garnish my wages. The debt is over 10 years old

Answered 12 years and a month ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
If they have a judgment, and your not exempt, they may be able to. If you have questions, we provide FREE legal consultations at 1-800-922-6442.
If they have a judgment, and your not exempt, they may be able to. If you have questions, we provide FREE legal consultations at 1-800-922-6442.

Debtors/collectors contacting me concerning child's debt

Answered 12 years and a month ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
Yes, you may have a legal action, as well as your daughter might, under the FDCPA/FCCPA for abusive collections conduct. If you have questions, we provide FREE legal consultations at 1-800-922-6442.
Yes, you may have a legal action, as well as your daughter might, under the FDCPA/FCCPA for abusive collections conduct. If you have questions, we... Read Answer
no photo
Yes. It may be a violation of the FCCPA. We sue people for this all the time. If you have questions, we provide FREE legal consultations at 1-800-922-6442. Be aware though, that just because dealer was supposed to pay off prior loan, if he didn't you may still owe the oiginal bank the money.... Read Answer
Yes. It may be a violation of the FCCPA. We sue people for this all the time. If you have questions, we provide FREE legal consultations at... Read Answer

What can I do regarding a water softener I dropped a written letter cancelling in 2008 and now I have pending litigation?

Answered 12 years and a month ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
You need to contact a local civil trial lawyer and retain themto help you address this issue. If you have questions and would like a FREE consultation, simply contact our office at 1-800-922-6442.
You need to contact a local civil trial lawyer and retain themto help you address this issue. If you have questions and would like a FREE... Read Answer

can a Florida court attach real property in another state

Answered 12 years and a month ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
Yes. Its called domestication of a judgment via full faith and credit.  If you have questions or would like to discuss this issue further, we do offer FREE consultations. Just call 1-800-922-6442.
Yes. Its called domestication of a judgment via full faith and credit.  If you have questions or would like to discuss this issue further,... Read Answer

Received a letter "affidavit of attorney's fees" - what are my options

Answered 12 years and a month ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
You should speak to a lawyer about this as it could be a fraud scam on one part or associated with a judgment on the other.  If you have questions or would like to discuss this issue further, we do offer FREE consultations. Just call 1-800-922-6442.
You should speak to a lawyer about this as it could be a fraud scam on one part or associated with a judgment on the other.  If you have... Read Answer
no photo
I wouldn't bother sending it.  Unfortunately, it won't be that simple to get the money as the lawyer has no right to issue money to you from the other lawsuit proceeds (that is, assuming that your promissory note doesn't have anything to do with the other suit - like being an expert witness or something).  What you'll want to do is go directly to the person and demand the payment per the promissory note.  If he decides not to pay you, you can file a lawsuit in small claims court.  Either you'll settle it out before trial or (if things go your way), you'll walk out with a Judgment that allows you certain rights to collect the money.  ... Read Answer
I wouldn't bother sending it.  Unfortunately, it won't be that simple to get the money as the lawyer has no right to issue money to you from the... Read Answer

Can wages be garnished without a hearing?

Answered 12 years and 2 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
Yes. If you dont file proper paperwork and have an exemption. If you have questions about your case and would like a FREE consultation, please feel free to contact our office at 1-800-922-6442.
Yes. If you dont file proper paperwork and have an exemption. If you have questions about your case and would like a FREE consultation, please feel... Read Answer

Protecting my identity?

Answered 12 years and 2 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
No idea what you are actually asking. Can you keep people from using you as a reference? No. If you have questions about your case and would like a FREE consultation, please feel free to contact our office at 1-800-922-6442.
No idea what you are actually asking. Can you keep people from using you as a reference? No. If you have questions about your case and would like a... Read Answer

On a small claims judgement in the state of Florida what is the statute of limitations on collecting the judgement

Answered 12 years and 2 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
There is no distinction between court levels for a judgment. They are all treated the same, so the enforcement of a judgement in general applies.
There is no distinction between court levels for a judgment. They are all treated the same, so the enforcement of a judgement in general applies.

Privacy Issue

Answered 12 years and 2 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
This actually may violate the provisons of the Florida Consumer Collections Practices Act. If you have questions about this, or would like more information on how we can help, please call 1-800-922-6442.
This actually may violate the provisons of the Florida Consumer Collections Practices Act. If you have questions about this, or would like more... Read Answer

How can i get a loan company to stop using baliffs to harass me?

Answered 12 years and 2 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
Bailiffs? That makes no sense as Bailiffs are essential court police.
Bailiffs? That makes no sense as Bailiffs are essential court police.

need to find about credit judgements against me

Answered 12 years and 2 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
Credit report is the start. They should list public record issues like judgments. If they are in Florida, there is a judgment registry that may help you or check the public/official records where you reside.
Credit report is the start. They should list public record issues like judgments. If they are in Florida, there is a judgment registry that may help... Read Answer

Who do I pay to release a judgment the creditor or the attorney?

Answered 12 years and 2 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
Typically the creditor. If things went screwy you can usually make payment to the clerk for the value of the judgment and they will issue a satisfaction. If it gets off track, you may need to hire a lawyer to help get it resolved. You can always call our office to arrange for a FREE conference at 1-800-922-6442.... Read Answer
Typically the creditor. If things went screwy you can usually make payment to the clerk for the value of the judgment and they will issue a... Read Answer

atty filed lien in public records. now filed order on motion to perfect motor vehicle

Answered 12 years and 2 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
It may be the same lien simply re-recorded. Many times the same lien is re-recorded or registered in different places to put people on notice that the lein exists.
It may be the same lien simply re-recorded. Many times the same lien is re-recorded or registered in different places to put people on notice that... Read Answer

loan and bank account

Answered 12 years and 3 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
Depends on the terms of your account agreement, but likely yes, just like your not supposed to write checks on closed accounts or leave the account empty with outstanding checks.
Depends on the terms of your account agreement, but likely yes, just like your not supposed to write checks on closed accounts or leave the account... Read Answer