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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 3
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Debtor and Creditor
Florida

Recent Legal Answers

I was issued a summons yesterday from a creditor and given 20 days to respond. I live in Florida. I do not know what to do. How do I respond?

Answered 8 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will need to retain a civil trial lawyer to defend the lawsuit ASAP. 
You will need to retain a civil trial lawyer to defend the lawsuit ASAP. 

Fraud

Answered 8 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You can't just stopped paying because you dont like the deal you made. YOu will need to hire a lawyer ASAP to review the issue and purchase finance agreement to help decide what to do. Just refusing payment will destruy your credit and likely result in you getting sued. 
You can't just stopped paying because you dont like the deal you made. YOu will need to hire a lawyer ASAP to review the issue and purchase finance... Read More

Lend 21k to a friend for payment of cars in dealership, he is partnered with someone else. Was promised that money back in 2 months, havent received

Answered 8 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Sure - but you will end up paying legal fees out of pocket and collection may be a big issue assuming you can prove the loan
Sure - but you will end up paying legal fees out of pocket and collection may be a big issue assuming you can prove the loan

I need a lawyer to sue a company that owes me money

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If you want to pay a lawyer out of pocket to do so you can - but you are likly just spending dollars to chase dimes. 
If you want to pay a lawyer out of pocket to do so you can - but you are likly just spending dollars to chase dimes. 

being sued from a bill coll. and the bill has since been paid am I still better off letting a lawyer go to court for me about it or will it be dismis

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
at this point I would suggest you retain a lawyer because I am not sure why you have a pending lawsuit for a debt you say you completely paid off to start with .....better safe than sorry. 
at this point I would suggest you retain a lawyer because I am not sure why you have a pending lawsuit for a debt you say you completely paid off to... Read More

Is it legal for a business to make a hard credit inquiry without your permission

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Its impossible to deny something that leaves a digital footprint. This could be an FCRA violation but the damages would be nominal and the permission possibly in dispute by them as there is little reason that ayone would run your credit with you simply asking about the price of an RV. I suspect they may claim the discussion was more detailed than that. ... Read More
Its impossible to deny something that leaves a digital footprint. This could be an FCRA violation but the damages would be nominal and the permission... Read More

being sued from a bill coll. and the bill has since been paid am I still better off letting a lawyer go to court for me about it or will it be dismis

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Always better to have a lawyer in court proceedings with rare exception. 
Always better to have a lawyer in court proceedings with rare exception. 

I was garnished. Then I filed an exemption. Havent heard whether iI have to go to a hearing yet or not, Should I hire a lawyer?

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Youshould have already done so and need to do so immediately. Creditors are notorious for exploiting exemption hearings with por-se litigants. 
Youshould have already done so and need to do so immediately. Creditors are notorious for exploiting exemption hearings with por-se litigants. 

Does a personal guarantee require a signature? The bank says I consented to the guarantee merely by using the corporate credit card.

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not always as it may be associated with terms of the contract as a condition precedent, that you signed as a member.  You will need to hire a lawyer to review the contracts and what the bank did relative to personal liability issues. 
Not always as it may be associated with terms of the contract as a condition precedent, that you signed as a member.  You will need to hire... Read More

Will we be legally responsible for paying the difference on a travel trailer that we voluntarily turned in because we were not able to keep paying for

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Generally yes - its called a deficiency balance. 
Generally yes - its called a deficiency balance. 

May need to file suit against person defaulting and delinquent on a card which I co-signed.

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Nope. Its your account as co-signor. You will need to pay off the entire account and THEN see about closing the account down. You cansue the other person in the mean time, and should hire a lawyer to do so, but you will be taking a financial bath doing so and focused primarily on stoppinhg the purchasing of further items. ... Read More
Nope. Its your account as co-signor. You will need to pay off the entire account and THEN see about closing the account down. You cansue the other... Read More

in 2005 my husband and myself did a home equity line of credit for 40,000. to help stepdaughter buy a house. The promise was that in 1yr she would

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
There are no "do-overs" in the world where you "clear up" a defaulted loan of someone else. You loaned an irresponsible person 40k from a HELOC, it was a bad risk, and now you owe on the HELOC because you made a poor financial decision. You may need to talk to a bankruptcy lawyer about whether there are options there like a Chap. 13 that might help. ... Read More
There are no "do-overs" in the world where you "clear up" a defaulted loan of someone else. You loaned an irresponsible person 40k from a HELOC, it... Read More

My spouse has student loans and may default. The loans are only in her name. If she defaults can the lender garnish my wages? She is unemployed.

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not likely no. 
Not likely no. 

my daughter recently involved in a near fatel crash..car total...has made 5yrs of car payments of 410...and the at fault party Ins paid finance compan

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
This is where hiring a lawyer is critical. There may be some financial hits related to the property damage aspects of the case and these are often indirectly accommodated by the injury claims. This places an emphasis on maximizing the injury claims. If your daughter does not have a lawyer handling that portion of her case, if there is proper insurance coverageand she wasnot at fault,  we may be of assistance. She can call our office at 1-800-922-6442 for a free consult. ... Read More
This is where hiring a lawyer is critical. There may be some financial hits related to the property damage aspects of the case and these are often... Read More

Dental office sent me a bill for $181.00 on March 24, 2017 on a claim that was not paid by my Ins. comp. from 2015 Claim shows $8 off? I disputing.

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
There are such lawyers and we are they! The problem here is determining whether you owe the money or not. For $500.00 most lawyers will be able to contact the health care provider and the insurance carrier to see what was ACTUALLY paid by insurance and go from there. IF this is wrongfull collection there may be a remedy under the Florida FCCPA for collections misconduct, and those cases are usually handled on a contingent fee. ... Read More
There are such lawyers and we are they! The problem here is determining whether you owe the money or not. For $500.00 most lawyers will be able to... Read More

If attorney withdraws from case do i still owe him

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Depends on the reason for the "conlfict of interest"...if its because of something YOU did, you probably are not entitled to a refund. If its was not, then the lawyer should not charge you for a case he should not have taken. 
Depends on the reason for the "conlfict of interest"...if its because of something YOU did, you probably are not entitled to a refund. If its was... Read More

credit card company in florida refuses to refund my down payment. Can i file a lawsuit to get my money back

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Possibly - whether you win or not is a different issue. 
Possibly - whether you win or not is a different issue. 

What can I do about a company calling me.

Answered 8 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Possibly - this may be a collections violation case but this will revolve around whether the debt claimed is in fact accurate. 
Possibly - this may be a collections violation case but this will revolve around whether the debt claimed is in fact accurate. 

My cimpany is a s corporation in florida. If a collection agency is threatening a attorney file for a judgement agai

Answered 8 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Possibly all of the above as there is usually a personal guanatee in the agreements you signed. 
Possibly all of the above as there is usually a personal guanatee in the agreements you signed. 

Son received default judgement in small claims court to pay $2652 for credit card debt. What options does he have. Not much money and bad with $$?

Answered 8 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not many options with no money. He needs to learn to take some responsibility for his life as this is a seires of poor decisions and bad handling that have led to the judgment. Trying to solve this problem wont do anything unless the underlying irresponsibility is addressed. 
Not many options with no money. He needs to learn to take some responsibility for his life as this is a seires of poor decisions and bad handling... Read More

which lawyer can help me if I am being sued by a debt collector

Answered 9 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Any civil trial lawyer. We handle such cases routinely. The issue is not the amount owed alone but making sure you arent getting scammed ormake settlements that can have even worse impact on you later. 
Any civil trial lawyer. We handle such cases routinely. The issue is not the amount owed alone but making sure you arent getting scammed ormake... Read More

On my credit report there is a lot of old credit cards and loans that should have fallen off but haven't and I'm not sure how to get them off

Answered 9 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will need to retain a lawyer to help you file disputes with the CRA's and possibly sue the companies as needed. 
You will need to retain a lawyer to help you file disputes with the CRA's and possibly sue the companies as needed. 

I owe a president of a corporation 30,000 for a secured loan. He died. Daughter wants to assume the loan in her name. Is that legal?

Answered 9 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
The 'ol "he said if he died I don't owe anything" story will simply not get far here even if it were true. This will revlve around the terms and condition of the loan paperwork and you may well simply owe the money to the estate. You may want to hire a lawyer and see if you can negotiate a lesser amount paid in settlement if possible. ... Read More
The 'ol "he said if he died I don't owe anything" story will simply not get far here even if it were true. This will revlve around the terms and... Read More

is it against the law to check out someone's credit report

Answered 9 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
It sounds like BOTH of you are on the judgment and as such BOTH of you owe 100% of the money. The creditor will get it out of who ever they get to that has it, whether by garnishment, attachment, foreclosure, etc. You might have an argument if you were divorced whn the lawsuit was filed that there is "bad service" but you will have to hire a lawyer at some expense to pursue that properly. This would get you out of the current judgment and force the creditor to start all over. ... Read More
It sounds like BOTH of you are on the judgment and as such BOTH of you owe 100% of the money. The creditor will get it out of who ever they get to... Read More

I cosigned a loan under false pretenses

Answered 9 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Nope. It is not the lenders fault you made the decision you did. That is all your responsibility. You made a horribly poor financial choice and now, sadly, you get the rsponsbility of your decisons. 
Nope. It is not the lenders fault you made the decision you did. That is all your responsibility. You made a horribly poor financial choice and now,... Read More
Debtor and Creditor
Florida

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