×
Go back to Martindale-Avvo ➔

Florida Debtor And Creditor Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question
2
Details
3
Submit
1
Ask a Question
2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
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 7
Do you have any Florida Debtor And Creditor questions page 7 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 298 previously answered Florida Debtor And Creditor questions.
Debtor and Creditor
Florida

Recent Legal Answers

Ex Parte file for one missed payment.Can judgement be stopped?

Answered 11 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Presumably a judgment will be entered in accordance with the settlement agreement you entered into. If you have questions or concerns, please feel free to call ou office at 1-800-922-6442 for a FREE consultation. 
Presumably a judgment will be entered in accordance with the settlement agreement you entered into. If you have questions or concerns, please... Read More

What is a notice of limited appearance in small claims case. Through legal advertisements I have been made aware of a debt buyer suing me. They have

Answered 11 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Typically a "rent a lawyer" to show up at the pre-trial conference. If you have any expectation of defending the case, NOW is the time to hire counsel, while they can do some good for you. Should you have any questions or concerns, please feel free to contact our office at 1-800-922-6442 for a FREE consultation. ... Read More
Typically a "rent a lawyer" to show up at the pre-trial conference. If you have any expectation of defending the case, NOW is the time to hire... Read More

Student Loans - Cosigner a Creditor

Answered 11 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
No, you will have to sue him for contribution or some form of breach of contract, get a judgment against him, and THEN you can consider such options. Should you have any questions or concerns, please feel free to contact our office at 1-800-922-6442 for a FREE consultation.  
No, you will have to sue him for contribution or some form of breach of contract, get a judgment against him, and THEN you can consider such options.... Read More

How to get wages garnished

Answered 11 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will need to hire a lawyer to do this as botching it up is an invitation for them to sue you. You also need to weigh the fact that you have already been spending dollars chasing dimes as 99% of tenant judgments are uncollectable and not eligible for garnishment. Should you have any questions or concerns, please feel free to contact our office at 1-800-922-6442 for a FREE consultation. ... Read More
You will need to hire a lawyer to do this as botching it up is an invitation for them to sue you. You also need to weigh the fact that you have... Read More

my creditor called today and said they were filling repo paper work thursday if i make a payment friday should i be ok?

Answered 11 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You already know the answer. No. Should you have any questions or concerns, please feel free to contact our office at 1-800-922-6442 for a FREE consultation. 
You already know the answer. No. Should you have any questions or concerns, please feel free to contact our office at 1-800-922-6442 for a FREE... Read More

Can I be sued by a friend for a personal loan

Answered 11 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Yes, and you will have the opportunity to show the court you already paid, assuming he actually sues you. If you have any questions or concerns, please feel free to contact our office at 1-800-922-6442, for a FREE consultation. 
Yes, and you will have the opportunity to show the court you already paid, assuming he actually sues you. If you have any questions or concerns,... Read More

can i file bankruptcy against the state of fl

Answered 11 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Generally you cannot discharge fines a criminal penalties. You may need to hire a bankruptcy lawyer to address this directly however. If you have any questions or concerns, please feel free to contact our office at 1-800-922-6442, for a FREE consultation. 
Generally you cannot discharge fines a criminal penalties. You may need to hire a bankruptcy lawyer to address this directly however. If you... Read More

WILL I BE RESPONSIBLE FOR NEW HUSBANDS DEBTS

Answered 11 years and 7 months ago by Mr. Guy Piers Coburn (Unclaimed Profile)   |   1 Answer
The short answer is "no," but there are always some odd exceptions.  As long as you don't sign on any of your husband's accounts, you aren't responsible for his debts.  Even if the debt is incurred after the marriage, you aren't reponsible for his debts unless you signed on it.  The main exception is that sometimes a spouse can be responsible for medical debts incurred after the marriage.... Read More
The short answer is "no," but there are always some odd exceptions.  As long as you don't sign on any of your husband's accounts, you aren't... Read More

A Summary Final Judgement against me by a JDB; Unfair Hearing & Judgement based on Improper Procedure, Evidence, Answer Not Considered or Ruled On

Answered 11 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Unfortunately the typical result of self lawyering. I am not sure what the question is, but at best your remedy is now some form of review for re-hearing or appeal, which is most certainlyeven more expensive andless effective to hire a lawyer for now. If you have any questions or concerns, please feel free to contact our office at 813-877-6442 for a FREE consultation. ... Read More
Unfortunately the typical result of self lawyering. I am not sure what the question is, but at best your remedy is now some form of review for... Read More

How can a creditor set a higher amount to garnish after the garnishment for a different amount of money has already started?

Answered 11 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
No way to tell without reviewing the documents. However, garnishment is means of enforcing a judgment and judgments accrue interest and sometimes have attorney's fees added to them. If you have any questions or concerns, please feel free to contact our office at 813-877-6442 for a FREE consultation. ... Read More
No way to tell without reviewing the documents. However, garnishment is means of enforcing a judgment and judgments accrue interest and sometimes... Read More

Can I collect on a loan that has no contract?

Answered 11 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You are probably stuck for a variety of reasons. You can try to file a suit against her for what remains to be paid, but I suspect you would be wasting your time. If you have other questions or concerns, please feel free to contact our office at 1-800-922-6442 for a FREE consultation. ... Read More
You are probably stuck for a variety of reasons. You can try to file a suit against her for what remains to be paid, but I suspect you would be... Read More

What type of lawyer do I need?

Answered 11 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Depends on what your plans are. Civil trial/consumer lawyer to defend or bankruptcy lawyer to file bankruptcy are 2 most common.
Depends on what your plans are. Civil trial/consumer lawyer to defend or bankruptcy lawyer to file bankruptcy are 2 most common.

payday loan relief

Answered 11 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Bankruptcy, get second or better paying job, sell things to get money to re-pay, borrow money from someone else to repay, negotitate a settlement or payment plan, or ignore and see what happens. That the basic choices. If you have other questions or concerns, please feel free to contact our office at 1-800-922-6442 for a FREE consultation. ... Read More
Bankruptcy, get second or better paying job, sell things to get money to re-pay, borrow money from someone else to repay, negotitate a settlement or... Read More

had 2 back surgeries in the past 3 month.

Answered 11 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You can ask each credit card company for forebearance of some sort, but bear in mind that they are typically NOT obligated to do so. Also check to see ifyou have any type of disability payment inusrance on each card. If you have any further questions feel free to call 1-800-922-6442 for a FREE consultation.... Read More
You can ask each credit card company for forebearance of some sort, but bear in mind that they are typically NOT obligated to do so. Also check to... Read More

can a person that got a judgement against you freeze a joint account including your kids accounts?

Answered 11 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If your name is on the account, its likely legal. You will have to sort out the lien with the court and may ned to hire a lawyer to do so. If you have further questions or concerns, you can call our office at 1-800-922-6442 for a FREE consultation
If your name is on the account, its likely legal. You will have to sort out the lien with the court and may ned to hire a lawyer to do so. If you... Read More

What is meant by "independent counsel" when used in a loan agreement.

Answered 11 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You need to retain a lawyer at your expense to assist you in this transaction before you go any further. If you have any further questions, we do offer FREE consultations. Just call our office at 1-800-922-6442.
You need to retain a lawyer at your expense to assist you in this transaction before you go any further. If you have any further questions, we do... Read More

How many times can a creditor call me?

Answered 11 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You may have a case under the FCCPA for collections harrassment if its about a past due debt. We handle such suits all the time. If you have any further questions, we do offer FREE consultations. Just call our office at 1-800-922-6442.
You may have a case under the FCCPA for collections harrassment if its about a past due debt. We handle such suits all the time. If you have any... Read More

Can two pending lawsuits against you be tried by the same judge?

Answered 11 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
There is no inherent disqualficiation for this fact pattern. You should speak to the lawyers handling those issues about the impact of that circumstance. If you any questions please call our office at 1-800-922-6442 for a FREE consultation.
There is no inherent disqualficiation for this fact pattern. You should speak to the lawyers handling those issues about the impact of that... Read More

Can PayPal Put Send Me To The Debt Collection Agency With Only Just My Name And My Old Address? They Don't Have My SNN, Credit/debit or Bank info

Answered 11 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Absent fraud or lying on your part, sounds like you and they know they have the right person. You may have an issue though with your being a minor when the transactions took place, which may make the debt unenforceable. If you any questions please call our office at 1-800-922-6442 for a FREE consultation.... Read More
Absent fraud or lying on your part, sounds like you and they know they have the right person. You may have an issue though with your being a minor... Read More

How to get rid of a judgement from your credit file if company states they no longer own judgement , it was sold?

Answered 11 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You can only get rid of jugment when it expires, is illegal or satisfied. I am assuming its none of these, so your only other option is to find the current owner and try to resolve with them. If you have any questions feel free to contact our office at 1-800-922-6442 for a FREE consultation.... Read More
You can only get rid of jugment when it expires, is illegal or satisfied. I am assuming its none of these, so your only other option is to find the... Read More

What is a preditory loan?

Answered 11 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Generally, there is no magic bullet to this, as presmably you agreed to the terms and conditons in writing when you bought the car, which I presume was at a buy here/pay here? While there may be some issues to look at, the question is whether you want to spend money on legal fees reviewin the paperwork or challenging the issue.If you have any questions feel free to contact our office at 1-800-922-6442 for a FREE consultation.... Read More
Generally, there is no magic bullet to this, as presmably you agreed to the terms and conditons in writing when you bought the car, which I presume... Read More

If my ex-wife wants to relinquish debt can we have paperwork signed in front of a notary to file with the courts? or does it have to be with a lawyer?

Answered 11 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Its impssible to answer your question as phrased. What do you mean by "relinquish debt?" To be clear, noone can simply opt themselves out of a legal obligation, unless the creditor agrees to do so, notarized document or not. If you have further questions or would like to discuss retaining our services, please feel free to call 1-800-922-6442 to arrange for a FREE consultation.... Read More
Its impssible to answer your question as phrased. What do you mean by "relinquish debt?" To be clear, noone can simply opt themselves out of a legal... Read More

Asking for Mediation Hearing from Creditor

Answered 11 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
I think you misunderstand the process which is why the lawyer laughed. Mediation does not provide you any of what you requested. Any payment plan extended will ONLY come from the creditor, and ONLY if they want to do so. There is no entitlment to a payment plan let alone one you deem you can afford. Based upon your statements, you would be wise to hire an attorny to help you address these issues as such mistakes canbe very very costly. If you have further questions or would like to discuss retaining our services, please feel free to call 1-800-922-6442 to arrange for a FREE consultation. ... Read More
I think you misunderstand the process which is why the lawyer laughed. Mediation does not provide you any of what you requested. Any payment plan... Read More

What can I do with a possible harassing creditor without filing for bankruptcy?

Answered 11 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
It may or may not be harassment. We would need to check on the facts for a more details. You may have claims under the FCCPA or the FDCPA that can be pursued on a contingent fee. (where lawyer gets paid by offender) If you have further questions or would like to discuss retaining our services, please feel free to call 1-800-922-6442 to arrange for a FREE consultation.... Read More
It may or may not be harassment. We would need to check on the facts for a more details. You may have claims under the FCCPA or the FDCPA that can be... Read More

How to answer civil action summons from creditor demanding judgment against us

Answered 11 years and 9 months ago by W Chase Carpenter (Unclaimed Profile)   |   1 Answer
First things first – yes, answer the Complaint, whether yourself or through hiring an attorney.  Sounds like your case is in the County Court (meaning they are suing you for more than $5,000, but less than $10,000).  If you don’t answer the Complaint, you run the risk of getting a Clerk’s Default – essentially preventing you from raising any defenses.  Litigation can get pretty complicated so I would suggest considering hiring an attorney to help you out.  Even if you agree that you owe the debt, you should protect your rights as the Defendant.  Additionally, an attorney may be able to quickly get you into mediation with a reputable mediator.  Beware of some of these companies that prey on folks being sued on debts.  In a lawsuit, you need a lawyer – not a mediation company.  ... Read More
First things first – yes, answer the Complaint, whether yourself or through hiring an attorney.  Sounds like your case is in the County... Read More
Debtor and Creditor
Florida

Helpful Resources