Florida Debtor And Creditor Legal Questions

You will probably have to hire a lawyer at some expense to sort all this out and address it. It sound like there is some issue with the CC not believig the fraud claim. Typically this occurs when the CC use appears to be you or caused by your actions, etc. Only way to addres this is with a retained lawyer to intervene and possibly sue the CC company over any collection effort. ... Read More

You may want to file bankruptcy or hire a BK lawyer to review your assests and you may be "judgment proof" if you are on SS, depending on your assets. Otherwise, if you have substantial assets, you will need to hire a lawyer to address this lawsuit and do damage control to aovid a ludgement being entered if possible. ... Read More

If you're late - they get to call. The remedy is pay on time. That stated they can't harrass you, call you at your job or call your cell phone if it imposes changes to you, absent you giving permission to do so. You may want to hire a lawyer to review the details for a collection violation case. ... Read More

You will need to return the furniture if you refuse to finish out the rent to own contract you signed. Otherwise you might find yourself arrested and prosecuted for theft per Fla. Stat. 812.155. Not sure what you were expecting about 90 days same as cash, since it seems you also didn't pay for the furniture fully inside the 90 days either, but for the future as a consumer you need to make sure you read and fully understand the transactions you are getting into. ... Read More

You are either bankruptcy bound or going to find yourself with a judgment for a bunch ofmoney that gets sucked outof your new business  unles you are able to work out something with the creditor. That stated, you have already made some really poor financial decisions in this matter so you REALLY need to finda means to hire a lawyer to defend the lawsuit and negotiate for you otherwise. ... Read More

No you generally cannot and small claims court really is no better or worse than county court - in fact its the same judges. BEFORE you waste time and money spending dollars to chase dimes, you need to hire a lawyer to handle the litigation. I fyou wont do that , becuas its not worth the expense, then you already have your answer to your expectation of collecting money from the person at issue. ... Read More

You are simply asking too many speculative questions that can't possibly be answeredin a useful fashion without lots of details. Bottom line is you have a whole line of issues to address in regard to attempting to collect that judgment. Bottom line is noone is required to line up and pay your judgment just because you have one. YOU will have to bear the expense and effort of enforcing it in a proper and timely fashion. So if they decide to convey the property to a trust or reverse mortage it and suck out all the equity, or just sell it, you are likely still left just holding a piece of paper as a glorified IOU. ... Read More

You will need to hire a lawyer at some expense to review the issues and go from there. This sounds like some sort of title loan or short term loan and they have different rules for lending rates etc., though they often tilt over on the usury issue when the details are examined. Practical problem is you may pay an equal or greater amount in legal fees if you have to sue to get the money back or defend a lawsuit over the value. ... Read More

If you live in Florida, a judgment creditor CANNOT garnish your disability payments.  Fla. Stat. §222.18 exempts disability income from garnishment in Florida.  First, a creditor cannot garnish anthing until they obtain a judgment against you.  They would have to sue you -- you should know because you should receive a Summons.  Yes, as part of the law suit, they would have the right to add Court Costs on to the debt in any judgment -- the amount would depend upon the amount of the debt, but if the debt is over $15,000, then the costs might be somewhere around $450-500.  However, that debt would probably be uncollectable if you are disabled and have no significant assets.MORE IMPORTANTLY -- if a debt collector is threatening to garnish your disability income, you need to carefully document it the next time the person calls:  Get the name of the collector, the name of the collection agency, and the address.  (Tell them you need to know where to mail a payment, if you need to -- refuse to give any debt card or credit card numbers).  Get other information, too, such as the name or the original creditor, the exact amount of the debt.  THEN CONTACT AN ATTORNEY WHO HANDLES DEBT COLLECTION HARASSMENT CASES.By threatening to garnish your disability payments, the debt collection may have violated the Federal Fair Debt Collections Practices Act (FDCPA) or the Florida Consumer Collections Practices Act (FCCPA) -- most attorneys who handle these case will do so at little to no cost to you, since the other side is usually required to pay attorney's fees.  You might be able to recover up to $1,000 per violation, plus any actual damages you might have suffered.... Read More