Florida Debtor And Creditor Legal Questions

There are a few unanswered details in your question.  Did you close the account more than 5 years ago?  If you did, the claim may be past the Statute of Limitations, so the Bank would have no legal right to sue you for the charges.Do you actually owe the money?  Are the charges correct?  Because if the charges are NOT correct, you should actively dispute and challenge the debt collector to prove the debt.Was this a consumer bank account or a business bank account?  Debt Collection Practices laws apply only to consumer debts.  Commercial debt collectors do not need to comply with these laws.Are you being contacted by the Bank itself, or a collection agency on behalf of the bank?  The Federal Fair Debt Collection Practices Act (FDCPA) only applies to third party collectors such as collection agencies.  However the Florida Consumer Collections Practices Act (FCCPA) can apply to both original creditors and third party collectors.Do you want to stop all contact with the debt collector?  If you do, it may prompt the creditor to sue -- but that may depend on the amount of the debt.  The bigger the debt, the more likely that the creditor will sue.You can write the collection agency a letter, saying (a) you dispute the charges (and why, if your dispute is legitimate), (b) you request "verification of the debt," (c) you demand that they stop all telephone calls and only contact you by mail, or email if you prefer, or not at all.  I recommend that you send the letter by certified mail, and keep a copy with the certified mail receipts.  All that does is prevent them from bothering you.If the debt is legitimate, the bank or debt collector can still put a negative entry on your credit report or sue you to collect the debt, but they should not bother you any more.  If you DO receive further telephone calls or other collection activity, go meet with an attorney who handles FDCPA claims against Creditors.  If the creditor/debt collector has violated the FDCPA or FCCPA, most attorneys will handle the case without costing you attorney's fees, as they will get fees from the other side.... Read More

So lets see....YOU allowed your father to get credit in your name, he stiffed the creditors, and .....you want to have them foregive the debt, meaning that THEY would in effect pay for your poor decision making? Good luck with that. The answer to your question is you man up (or woman up) to your responsibilties, cancel the cards and pay the debt your dead beat dad didn't and learn your lesson well about financial responsibilities and letting others buy things on your credit. ... Read More

Generally speaking, the money in the accounts should be completely protected. Your husband, however, will most like have to file an objection and claim of exemption to the accounts. Then he will need to set a hearing in order to prevent the money from being taken or to return the monies that were taken. If you need general information about the process, most clerk of court's websites have information about garnishments. They also provide forms and notices for the hearings. If you get served with a garnishment and you can't find what you are looking for, contact an attorney to help you. A detailed review of the pleadings you receive will be the best starting place. ... Read More

If you signed papers as an adult, you are responsibile for what you signed. As scuh, if you agreed to be responible for the debt, and your parents stiffed the LL, well......you get held responsible too. There is no way to "take it off" because it inconvenineces you. Unforuntately, that incovenince is intended as the punishment for not abidingby your debts and to discourage you form doing it in the future. You can always call the creditor and see if they will work with you but in any event they can only report the debt for 7 years so it may fall off soon. ... Read More

If your wife is not jointly responsible on the account, then probably not.  If her name is not on the statements and she has not used the account as an authorized user, then probably not.Under Florida Law, personal property of a married couple which was acquired during the term of the marriage is assumed to be owned as "Tenants by the Entireties" (TbyE), which means that if one of you dies, the other automatically owns personal property without going through probate.  Anything titled in your name alone (such as a car or individual bank account) may need to go through probate, and creditors can make a claim at that point.... Read More

Yes, you will need to hire a lawyer to try to get vacation of the judgment. This is very hard to do and not often successful as "the paperwork never reached me" is not a defense if the court record shows lawful service. You will have to prove this did not happen and "I didn't get it" is not sufficient under the case law. ... Read More

In general, they may simply not believe what they may view as a convenient "theft" story. When you have a rent to own item, and you stop paying, if you dont return the item on demand or pay all that is owed, they will typically swear out an affidavit with the state attorney who will issue a warrant for your arrest under 812.155. If you can't sort it out with them in advance, you may simply have to deal with the criminal charges if they get filed and work with your attorney or public defender to address the issue. The alternative is to find the computer and return it immeidately. ... Read More