Florida Debtor And Creditor Legal Questions

Unfortunately, what your freind wants no longer matters as there has been a judgment ebetred against her and she will have to provide the financial information requested, so the creditor CAN garnish wages, seize accounts, etc. She can always negotiate with the creditor, but they are much arder to deal with after they have a judgment entered. She would have been in a MUCH better position if she defended the case or started negotiations earlier. If there is an issue where she wasnt properly served to defenda the case, she should hire a lawyer immediately to try to set aside the judgment. Getting post judgment financial discovery stayed simply because she doesnt want to pay would VERY difficult and most such stays require posting a bond for the full value, which sort to defeats the purpose. ... Read More

Sadly yes, they can sue you if you dont pay what you actually owe, rather than what you can afford to pay. On a positive note, they cannot contact your employer, so you might actually have an FCCPA violation we can help you with where they may owe YOU money for violating the law in thier collections efforts. You can call us at 1-800-922-6442 for a FREE consult.... Read More

Here’s the short answer – anyone can sue anyone… the real issue is whether a law suit will be successful.  Can the other party’s insurance sue your sister to recoup what they paid in uninsured/underinsured?  You bet.  Now, whether there’s a defense at law to help protect her in a lawsuit or potential judgment, I simply can’t say on your description alone.  From your description, a lawsuit for the $25,000 has been filed and served against your sister.  I’m assuming this happened recently and no Clerk’s Default or Default Judgment has been entered.  Once served with a lawsuit, she has 20 days to file a response.  She needs to consult with an attorney ASAP.  If she has any defenses, she needs to raise them properly and do so before a default is entered against her.  ... Read More

A gift cannot be taken back (with only a few exceptions, such as an engagement ring).  Often the problem in this kind of case is proof -- are there any witnesses that it was a gift? Either before or after the fact?  And will those witnesses testify truthfully? In most lawsuits, the Plaintiff has the burden of proof.  This means that the Plaintiff must show that the money was a loan rather than a gift, and if it is a "he said, she said" type of case, then it will be tough for the Plaintiff to win. Can this person sue you?  Yes, anyone can sue anyone over almost anything.  But depending upon the facts, it may be tough for the Plaintiff to prove that the money was given as a loan and not a gift.... Read More

If the Statute of Limitations has now expired, then if the Plaintiff files the action again, the Defendant can claim the Statute of Limitations ("SoL") as a defense.  It does not prevent the Plaintiff from re-filing the suit and the SoL must be asserted as defense, but it should result in a complete defense to the claim.... Read More

If you went to court already and made an agreement to pay, that means you probably entered into a Payment Stipulation at the time.  When you did not pay, the law firm probably filed an affidavit that you failed to pay and obtained a Final Judgment against you.  The old Statute of Limitations (which was probably 5 years) does not apply once a judgment has been entered -- a judgment is valid for 20 years.  The fact that you received "Interrogatories in Aid of Execution" is indicates that you already have a judgment against you.  You can verify this by going to the Clerk of the Court's web site for your county and looking up your name to see if there is a judgment. As long as the judgment is valid and unpaid, the judgment creditor is entitled to receive your financial information.  If you refuse to provide that information, you could be held in contempt of court and put in jail until you provide the information. If you are able to work out an agreement with the law firm (but before you make the agreement or sign anything), you may want to get the agreement checked out by an attorney who practices in the Creditor/Debtor area.  Once you have paid the full amount of any agreement, the creditor's law firm should issue a "Satisfaction of Judgment" to show that the judgment has been paid.... Read More

I recommend that you still complete and submit the loan modification documents.  Your lender can still approve you for the loan modification anytime prior to the foreclosure sale.   I would consider speaking with a bankruptcy attorney very soon.   This may be another option for you to stay in your home. ... Read More

Applying a statute of limitations is kind of tricky buisness because there are a variety of execeptions etc. Generally, most non-written contracts have a 4 years SOL which may have expired in 2011. The statute section to look at is Fla. Stat. 95.11. In the future you should never wait so long to take action.... Read More

Well, that’s definitely frustrating.  Sounds like you’ve done what you need to so far.  If you’ve lived up to your end of the contract and they aren’t living up to their end, you probably have a breach of contract.  Now, that said, it may be a simple matter of poor management that’s resulting in delays.  Before racing to the courthouse, you may consider consulting with an attorney to see if perhaps a demand letter may do the trick.  Of course, this is running on the assumption that the contract was fully complied with on your end.  However, according to your facts, it doesn’t sound like there’s much dispute that the money should be credited back.  Therefore, in my experience, anyway, a strong demand letter may do the trick… get your money back and avoid costly litigation.... Read More

Dealing with HOAs can be trickly, particularly when it comes to late fees on HOA payments.  If I understand your facts correctly, you pay your HOA fees quarterly and you discovered you accidentally missed two payments so you sent a ‘catch-up’ payment via check on October 4, 2012 that was cashed October 10, 2012.  Nevertheless, you received a phone call and follow up demand letter a few weeks later (likely from an attorney) stating much higher amount than you expected to owe.  You sent a dispute letter on November 29, 2012 and all you’ve gotten since are more demand letters (likely with higher and higher demands).  Well, here’s likely what happened, even though you paid the past due, at that point, you likely had late penalties and legal fees added in.  Now, you’re ‘catch-up’ payment should have been credited (especially since it was cashed); however, they may go after you for late fees and legal fees.  Of course, I haven’t seen the demands so I can’t say for sure, but they may have also credited your ‘catch-up’ payment forward meaning they are still lumping the past due debt as still owed in full.  I would very highly advise sitting down with an attorney to discuss the details and work on getting this sorted out.  The last thing you want is an HOA foreclosure.  An attorney will be able to sort out whether the additional charges are proper and what options you may have to deal with them.... Read More

Is the judgment against you or your photography business, or both?  If just against you, then no, the credit card company may not seize your business property to satisfy a personal debt. If against the company and the company owns the property, then yes. Also yes if the judgment is agains both you and the company. ... Read More

Your question is waaaaaayyyyy to broad as you essentially ask what can the judgment creditor do to you which would require analaysis of every means of collection as weighed against all of your assets, etc. One thing I can tell you, though is to remind you that "the road to hell is paved with good intentions". If they have a judgment, they can do a great number of things to be a pain in the butt until the ACTUALLY get the judgment satisfied. If you "intend" to pay them, you need to get with them immediately to work out a deal if possible. ... Read More