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Florida Debtor And Creditor Legal Questions

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298 legal 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 1
Do you have any Florida Debtor And Creditor questions 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.
Debtor and Creditor
Florida

Recent Legal Answers

If a company says they won't press charges does that mean anyrhing?

Answered a year and 7 months ago by Ms. Heather Adair Harwell (Unclaimed Profile)   |   1 Answer
First, understand that "duress" does not mean simply that you did not want to sign the note or that you felt personally compelled because they gave you an ultimatum.  Second, unless you fraudulently incurred the debt, the creditor can not "charge" you with anything.  All they can do is sue you for the debt.... Read More
First, understand that "duress" does not mean simply that you did not want to sign the note or that you felt personally compelled because they gave... Read More

Insurance check

Answered 2 years and 11 months ago by attorney Stephen Arnold Black   |   1 Answer
If the accident was not your fault, then you should retain counsel here in the State of Florida to represent you on contingency fee whoch means you pay nothing unless you win.    Stephen Black, Esq. (407) 581-2581
If the accident was not your fault, then you should retain counsel here in the State of Florida to represent you on contingency fee whoch means you... Read More

Lawyer wanting a settlement on a closed civil case

Answered 3 years and 5 months ago by attorney Stephen Arnold Black   |   1 Answer
If the agreement was executed in your deceased husband's individual capacity, then the general rules is that you are not individually responsible for it, but rather the creditor should file a claim against your husbands estate. Retain a probate attorney to investigate and advise on what legal steps to take. ... Read More
If the agreement was executed in your deceased husband's individual capacity, then the general rules is that you are not individually responsible for... Read More

I need to know how to protect my assets right now from somebody suing me from an automotive accident.

Answered 4 years and 8 months ago by attorney Mr. Brian D. Zinn   |   1 Answer
Usually, someone in your situation cannot "protect" assets, since anything you do with the money in the bank or certain other assets can be reversed by a creditor as a fraudulent or preferential transfer.  It may be that your best option is to file a bankruptcy to get rid of the debts and get a fresh start.  You should speak with an attorney in your geographic area about this.... Read More
Usually, someone in your situation cannot "protect" assets, since anything you do with the money in the bank or certain other assets can be reversed... Read More

What can I do to find out who and Why someone is trying to put a lien on my property

Answered 4 years and 11 months ago by William Eugene Maddox, Jr. (Unclaimed Profile)   |   1 Answer
It is likely a scam.  Any suit filed against you should be filed in a city/county where you live or do business.  Theoretically, you should be able to contact the court clerk there to find out if a suit has been filed against you. 
It is likely a scam.  Any suit filed against you should be filed in a city/county where you live or do business.  Theoretically, you should... Read More

Am I liable, as Durable Power Of Attorney for my 97 year old father, with dementia, living in a care facility, for a debt to a pharmacy service?

Answered 5 years and 4 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If you are willing to pay the debt why the question? That stated, the bill is in his name not yours  - so not sure where there is an issue that affects you. Presumably you used your address for the billing. You can always use a PO Box you set up for your father if you want to keep the contact trully separate. ... Read More
If you are willing to pay the debt why the question? That stated, the bill is in his name not yours  - so not sure where there is an issue that... Read More

I have been served with a Writ of Garnishment. My bank accounts have had the money placed on hold.

Answered 5 years and 5 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Unfortunately, you will need to hire a laywer, at some out of pcket expense, to help you address the garnishment issue. There are no shortcuts and the starting point is there is a valid judgment and you will lose money to the creditor because you owe it legally, absent some legitimate exemption or the judgment beoing overturned by the court. ... Read More
Unfortunately, you will need to hire a laywer, at some out of pcket expense, to help you address the garnishment issue. There are no shortcuts and... Read More

How do you stop a wage garnishment from 2009?

Answered 5 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Sounds like a judgment was entered so thats good for 20+ years. You will need to hire a lawyer out of pocket to address this and possibly help you through an exemption hearing.
Sounds like a judgment was entered so thats good for 20+ years. You will need to hire a lawyer out of pocket to address this and possibly help you... Read More

what can i do

Answered 5 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If this is accruate its a FCCPA collection violation. YOu may be entitled to up to $1000.00 in penalties and any actual damages you may have suffered. YOu need to retain a laywer ASAP to address this. You can call out office at 1-800-922-6442 at your conveinence. 
If this is accruate its a FCCPA collection violation. YOu may be entitled to up to $1000.00 in penalties and any actual damages you may have... Read More

how do i handle a suit from a car loan company

Answered 5 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will need to retain a lawyer to intevene and respond to the lawsuit. Hopefully, this can be resolved without lots of litigaiton expenses. 
You will need to retain a lawyer to intevene and respond to the lawsuit. Hopefully, this can be resolved without lots of litigaiton expenses. 

Is it legal for a collection agency to call a persons place of business, and leave a message about an outstanding debt on the answering machine for ot

Answered 5 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Unfortunately business debt does not get the same protections as consumer debt, so yes. 
Unfortunately business debt does not get the same protections as consumer debt, so yes. 

an attorney new that I was unemployed. My husband did get a waiver for Head of Household FL Statue 222. how do I contact the court to let them know?

Answered 5 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Making poor decisions is not being bullied. YOU decided to play with lawyers in court and you can see what that got you. You will need to a hire either a civil trial lawyer out of pocket or a bankruptcy lawyer to address this issue. The civil trial lawyer to undo the mess you made or the bankruptcy lawyer to address that option if the judgment is substantial enough. ... Read More
Making poor decisions is not being bullied. YOU decided to play with lawyers in court and you can see what that got you. You will need to a hire... Read More

What happens if I keep my car from getting repossession?

Answered 5 years and 8 months ago by attorney Mr. Brian D. Zinn   |   1 Answer
No, you will not go to jail if the lender cannot repossess the vehicle.  You may want to think about filing a bankruptcy which allows you to catch up on car loan and mortgage payments.  It depends on your situation.  I do not know in which part of Florida you live, but you should speak with an attorney in your geographic area.  ... Read More
No, you will not go to jail if the lender cannot repossess the vehicle.  You may want to think about filing a bankruptcy which allows you to... Read More

can I get money out of a structured medical fund

Answered 5 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Sure if you want to sell it to an investor like JG Wentworth
Sure if you want to sell it to an investor like JG Wentworth

In Florida, garnishee denies Defendant Works with them and I found evid he does. What should my reply state? Motion for hearing? Or just a reply to sa

Answered 6 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
This is where you retain a lawyer to handle the issue going forward. This is not a DIY project with such issues. 
This is where you retain a lawyer to handle the issue going forward. This is not a DIY project with such issues. 

I've been served to appear in court for a credit card debt....do I need a lawyer?

Answered 6 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Its rarely a good idea to try to defend such cases in court alone. Those lawyers tout a 95% judgment rate on such cases, meaning 100% of the people thought they would be the 5% who actually won in court. 
Its rarely a good idea to try to defend such cases in court alone. Those lawyers tout a 95% judgment rate on such cases, meaning 100% of the people... Read More

Lent

Answered 6 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
There is always a chance - but it will be costly and diffuclt unless they concede they borrowed money from you. 
There is always a chance - but it will be costly and diffuclt unless they concede they borrowed money from you. 

Can a debt collector/lawyer charge me a fee to set up a payment plan? (see details below)

Answered 6 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If they have legal fees, or have filed a lawsuit, they will general expect you pay those fees as part of a settlement and the court will generally them if they win. Bear in mind that it is YOU that is asking for a favor in the guise of a payment plan, which they are not obligated to give you. You always have the right to say "No!" and then defend the lawsuit in court.... Read More
If they have legal fees, or have filed a lawsuit, they will general expect you pay those fees as part of a settlement and the court will generally... Read More

Should I pay Palmer Recovery?

Answered 6 years and 4 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If you don't there is a good chance they sue you under civil theft statute for the $900.00 plus added legal fees and its possible they could still push for criminal prosecution at the store level. You are playing with fire a second time here....
If you don't there is a good chance they sue you under civil theft statute for the $900.00 plus added legal fees and its possible they could still... Read More

I am being sued by Wells Fargo for an overdrawn account from over 10 years, can they get a judgment against me even after all this time?

Answered 7 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
hate to tell you be leaving the jursidiction could toll the statute of limitations. You may need to retain a lawyer to sort this out. This could be a legitimate case, a fraud case or a judgmet collection issue. No way to tell without all the details. 
hate to tell you be leaving the jursidiction could toll the statute of limitations. You may need to retain a lawyer to sort this out. This could be a... Read More

Received a summon letter from court to answer a lawsuit from Disney vacation resort for non payment. Need what to answer. Tks

Answered 7 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will need to hire a lawyer to address this properly. Otherise you might find yourself screwed over in an expensive lawsuit. 
You will need to hire a lawyer to address this properly. Otherise you might find yourself screwed over in an expensive lawsuit. 

How do I write a letter disputing the amount a debt collector says I owe on a personal loan because I disagree with the amount?

Answered 7 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
This sounds like a romantic dispute more than anything else to there is no pat means to respond. That stated, you and the ex need to sit down like adults and work this out as best you can. 
This sounds like a romantic dispute more than anything else to there is no pat means to respond. That stated, you and the ex need to sit down like... Read More

I loaned someone $1000 and they refused to pay until they found out I filed, then paid 90%. But I’m still out $600 after paying my attn and file fees.

Answered 7 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You apparantly already have a lawyer than handled that issue - that is who you should ask. No one in an online blurb could possibly know all the details of what happened inthe law suit you described compared to the lawyer that handled the case. 
You apparantly already have a lawyer than handled that issue - that is who you should ask. No one in an online blurb could possibly know all the... Read More

What Kind of Lawyer do I need to get.

Answered 7 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Consumer lawyer handling credit card defense cases. We handle such cases but thet are pay up front cases unfortunately. 
Consumer lawyer handling credit card defense cases. We handle such cases but thet are pay up front cases unfortunately. 

Can the amount on a closed off account increase ?

Answered 7 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You owe what you owe at the interest rate contracted for unfortunatey. Giving the car back does nothing to stop the accrual of interest on a debt you havent paid off. 
You owe what you owe at the interest rate contracted for unfortunatey. Giving the car back does nothing to stop the accrual of interest on a debt you... Read More
Debtor and Creditor
Florida

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