Florida Debtor And Creditor Legal Questions

There has never been a blanket prohibition for a creditor coming to your house to collect a bill. For a variety of reasons, it is typically a terrible idea, as it typically will open the collector to a greater possibility to crossing the line for collections law violations under the Florida Consumer Collection Practices Act. By example, if they disclose info to your relative they may violate the 3rd party disclosure restrictions and it may be viewed as a form of harrassment or intimidation. I do disagree with with the advertisement type response below in part, as the FDCPA (federal law)  typically applies only to 3d party bill collectors and not first party companies like car loan lenders, banks, buy here/pay here people, rent to own companies, etc. Fortunately, the FCCPA (the state law)  DOES apply to those type ofs people too.... Read More

A debt collector cannot charge for something that was not agreed to.  If an alleged debtor doesn’t owe the money it is a violation of the law for a collector to try and force the alleged debtor to pay the money.  The would be a violation of the Florida Consumer Collection Practices Act. www.ConsumerRightsOrlando.com  ... Read More

Well first, you would need to provide a great deal of specifics related to the transaction and potential concerns you have to see if they are legal defenses that need to be raised. Unfortunately, there is no "just say this and they'll go away" defense inherent to any credit card legal action. There ae usually a variety of legal defenses to look at ranging from statutes of limitatio, standing, proper parties (due to assignments etc) to lack of proper evidence to support the claim, but they all typically turn on the facts of each case. I typically find that people are best served to hire an attorney to defend these cases if at all possible rather than handle on thier own, as they often find themselves wanting to hire lawyers after a judgment is entered, which is more expensive and less effective. In addition, I often find that other issues may exist such as violation of the collections practices acts (Florida and FDCPA) that may exist as counter claims or separate claims.... Read More

Well, first a case may be "closed" but a judgment continues on for enforcement. Typcially, reopening a case to obtain enforcement orders is a ministerial function of the court. What should happen is a hearing in which your husband is entitled to raise any defenses to garnishment he may have. You would do well to retain an attorney to help you with this and attend the hearing to make sure things are done properly.... Read More

The answer is generally no. While they may be able to simply change the account number, if this is purely  minsterial, the problem occurs AFTER they do this and then take other actions such as credit reporting with the new account number or re-sell the account again. As you may suspect, this can give the false impression to others that this is a different account. The correction of the credit reporting is the obligation of the creditor and should extend to the original account number. You should make sure to get some written documentation showing the relationshipof both accounts.... Read More

You are legally entitled to a free credit report from all three credit reporting agencies each year.  You may want to try contacting the two remaining agencies. 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

Absolutely not.   This is debt harassment.  You can make them stop by sending cease and desist letter.    You can also sue them for debt harassment.   All of this is outlined on my website:   www.consumerrightsorlando.com   If you have any other questions, you may contact me at njtlaw@gmail.com  ... Read More

If you believe the collection calls were abusive of your rights, you should contact a local consumer rights attorney to discuss your complaints against the agency.  There are various consumer protections statutes, both federal and state, under which suit maybe brought for violations of your rights. 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

A corporation, whether S or C corp, is a totally separate entity from you personally.  If you personally have a judgment against you, that judgment would not typically effect the corporation's assets, barring some unique exceptions. 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

You need to speak with a local consumer rights attorney to discuss a potential FDCPA violation by the creditor.   Please see: http://www.martindale.com/Results.aspx?ft=1&frm=freesearch&afs=consumer%20rights%20fort%20lauderdale 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

You should immediately contact a local consumer rights attorney to discuss your situation.  Most consumer rights attorneys offer free initial consultations, and it would be wise to contact a local attorney to determine how to proceed. 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

If you wages are being garnished that means the court has already entered a judgment against you. The court cannot compel the lender to work out any agreement. Your only recourse as far as I know is bankruptcy. You can work out a schedule of payments as part of a Chapter 13 plan.    I am a licensed attorney in Florida alone. This opinion is in no way meant to apply outside that jurisdiction. Moreover, it is in no way intended to create a lawyer client relationship or to be relied upon without further consultation with an attorney.    Burns... Read More

A Judgment acts as a lien (after recording a certified copy) on real estate (non homestead) for 10 years and can be renewed for another 10 years. The Judgment itself can be enforced for up to 20 years from the date of entry and this period can be renewed for another 20.   I am a licensed attorney in Florida alone. This opinion is in no way meant to apply outside that jurisdiction. Moreover, it is in no way intended to create a lawyer client relationship or to be relied upon without further consultation with an attorney.    Gregory N. Burns... Read More

You should speak with a consumer rights attorney and/or a bankruptcy attorney.  In rare occasions, some student loan debt can be discharged in bankruptcy.  Speaking with a consumer rights and/or bankruptcy attorney may help in determining what your options are, and what is the best course to follow.  Most bankruptcy attorneys will offer a free initial consultation to 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

You should contact a creditor's rights attorney. 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

Assuming they file a Chapter 7 bankruptcy, there is nothing preventing you from going after the individuals of the company, if you have a legal basis to do so (you don't provide any details on the basis of your claim).   You can also file a proof of claim in the bankruptcy case so you can share in any distribution made by the Trustee, but if you just have a general unsecured claim, it's unlikely you'll receive much unless there are a lot of assets available for liquidation. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr ... Read More

A credit card company would have to sue you, obtain a judgment and then file a motion for garnishment in order to garnish your wages.  If they go through those steps, then the answer is yes, they can potentially garnish your wages.   Are they threatening to garnish your wages without suing your first?  If so, you potentially have a Fair Debt Collection Practices Act violation and you may be entitled to collect damages due that violation.  I suggest that you contact an attorney to discuss your rights and options.   I hope you find this answer helpful.   Katie M. Stone www.attorneykatiestone.com... Read More