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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 8
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Debtor and Creditor
Florida

Recent Legal Answers

Could you go to Jail for not paying a Automobile Payday Loan

Answered 11 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
As phrased this would be a violation of the FCCPA, the Florida Collection Practices Act. HOwever, if there is a lien or you assigned title to the car to the lender, there could be some truth to the threat if you refuse to bring them the car on demand. If you have further questions, feel free to contact us at 1-800-922-6442 for a FREE consultation.... Read More
As phrased this would be a violation of the FCCPA, the Florida Collection Practices Act. HOwever, if there is a lien or you assigned title to the car... Read More

notice requirement for debt in small claims debt dispute

Answered 11 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
There is no minimum time. If there is a breach of the agreement, its ripe for suit. There is also no "statute to get the case dismissed" as these are legal issue that really need to be addressed by a lawyer. If you have further questions, feel free to contact us at 1-800-922-6442 for a FREE consultation.... Read More
There is no minimum time. If there is a breach of the agreement, its ripe for suit. There is also no "statute to get the case dismissed" as these are... Read More

Made payment arrangements, am making every payment early, now put in collections

Answered 11 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If you can prove it, yes. This is always the issue when the only proof is the opponents records. If you have further questions, feel free to contact us at 1-800-922-6442 for a FREE consultation.
If you can prove it, yes. This is always the issue when the only proof is the opponents records. If you have further questions, feel free to contact... Read More

Can my bank account be frozen by the government if they are garnishing wages already

Answered 11 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Yes. Garnishing wages is just one of many means to enforce a judgment.
Yes. Garnishing wages is just one of many means to enforce a judgment.

what will happen if stop making payments

Answered 11 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Sue you for deficiency after selling for garage sale value for starters. Before you do such a tingm and given the value at issue, I would retain a lawyer to help you address the issue.
Sue you for deficiency after selling for garage sale value for starters. Before you do such a tingm and given the value at issue, I would retain a... Read More

I recieved a settlement check in my name but i did not sue anyone

Answered 11 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
No wat to answer this without examining check and more detail. For sure DO NOT CASH IT, as it could equally bea fraud scam.
No wat to answer this without examining check and more detail. For sure DO NOT CASH IT, as it could equally bea fraud scam.

Original Creditor Still Reporting Past Due Balance After Issuing 1099C Forgiving the Debt. Can They Continue to Report as Currently Past Due?

Answered 11 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Typically, no. In fact tif they did a 1099c and continue to report an accruing amount owed, you may have both a FCRA case and an FCCPA case to address. You should consult a local attorney in this regard ASAP! If you have further questions, please feel free to contact our office at 1-800-922-6442 to schedule a FREE consultation.... Read More
Typically, no. In fact tif they did a 1099c and continue to report an accruing amount owed, you may have both a FCRA case and an FCCPA case to... Read More

I have a bunch of debts of like 500 $ to stupid stuff. Can I pay a lawyer to handle it for me and pay them all off I have the $ to pay them. I

Answered 11 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
There are, but the added expense if un-necessary if you are simply looking to pay off your creditors. You are entitled to a FREE credit report that you can obtain by going on any website for Experian, Trans Union, or Equifax. From there contact your creditors, tell them you want to pay the bill ....and problem solved. You can contact our office at 1-800-922-6442 for a FREE consultation if you have additional questions.... Read More
There are, but the added expense if un-necessary if you are simply looking to pay off your creditors. You are entitled to a FREE credit report that... Read More

Does a contractor have legal recourse if he cashed a check with "Balance Paid in Full" in the memo?

Answered 11 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not picking up certified mail is NEVER a good idea. The answer is generally no, that ruse does not work for a variety of reasons.
Not picking up certified mail is NEVER a good idea. The answer is generally no, that ruse does not work for a variety of reasons.

A creditor wants to garnish my wages. The debt is over 10 years old

Answered 11 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If they have a judgment, and your not exempt, they may be able to. If you have questions, we provide FREE legal consultations at 1-800-922-6442.
If they have a judgment, and your not exempt, they may be able to. If you have questions, we provide FREE legal consultations at 1-800-922-6442.

Debtors/collectors contacting me concerning child's debt

Answered 11 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Yes, you may have a legal action, as well as your daughter might, under the FDCPA/FCCPA for abusive collections conduct. If you have questions, we provide FREE legal consultations at 1-800-922-6442.
Yes, you may have a legal action, as well as your daughter might, under the FDCPA/FCCPA for abusive collections conduct. If you have questions, we... Read More

Can I do something about a company constatly harrasing about a car I no longer have a dealer spoke to them already about paying it off.

Answered 11 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Yes. It may be a violation of the FCCPA. We sue people for this all the time. If you have questions, we provide FREE legal consultations at 1-800-922-6442. Be aware though, that just because dealer was supposed to pay off prior loan, if he didn't you may still owe the oiginal bank the money.... Read More
Yes. It may be a violation of the FCCPA. We sue people for this all the time. If you have questions, we provide FREE legal consultations at... Read More

What can I do regarding a water softener I dropped a written letter cancelling in 2008 and now I have pending litigation?

Answered 11 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You need to contact a local civil trial lawyer and retain themto help you address this issue. If you have questions and would like a FREE consultation, simply contact our office at 1-800-922-6442.
You need to contact a local civil trial lawyer and retain themto help you address this issue. If you have questions and would like a FREE... Read More

can a Florida court attach real property in another state

Answered 11 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Yes. Its called domestication of a judgment via full faith and credit.  If you have questions or would like to discuss this issue further, we do offer FREE consultations. Just call 1-800-922-6442.
Yes. Its called domestication of a judgment via full faith and credit.  If you have questions or would like to discuss this issue further,... Read More

Received a letter "affidavit of attorney's fees" - what are my options

Answered 11 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You should speak to a lawyer about this as it could be a fraud scam on one part or associated with a judgment on the other.  If you have questions or would like to discuss this issue further, we do offer FREE consultations. Just call 1-800-922-6442.
You should speak to a lawyer about this as it could be a fraud scam on one part or associated with a judgment on the other.  If you have... Read More

A person has filed a law suit against another party. I have a promissary note where he promised to pay me back 1200 dollars.

Answered 11 years and 11 months ago by W Chase Carpenter (Unclaimed Profile)   |   1 Answer
I wouldn't bother sending it.  Unfortunately, it won't be that simple to get the money as the lawyer has no right to issue money to you from the other lawsuit proceeds (that is, assuming that your promissory note doesn't have anything to do with the other suit - like being an expert witness or something).  What you'll want to do is go directly to the person and demand the payment per the promissory note.  If he decides not to pay you, you can file a lawsuit in small claims court.  Either you'll settle it out before trial or (if things go your way), you'll walk out with a Judgment that allows you certain rights to collect the money.  ... Read More
I wouldn't bother sending it.  Unfortunately, it won't be that simple to get the money as the lawyer has no right to issue money to you from the... Read More

Can wages be garnished without a hearing?

Answered 11 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Yes. If you dont file proper paperwork and have an exemption. If you have questions about your case and would like a FREE consultation, please feel free to contact our office at 1-800-922-6442.
Yes. If you dont file proper paperwork and have an exemption. If you have questions about your case and would like a FREE consultation, please feel... Read More

Protecting my identity?

Answered 11 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
No idea what you are actually asking. Can you keep people from using you as a reference? No. If you have questions about your case and would like a FREE consultation, please feel free to contact our office at 1-800-922-6442.
No idea what you are actually asking. Can you keep people from using you as a reference? No. If you have questions about your case and would like a... Read More

On a small claims judgement in the state of Florida what is the statute of limitations on collecting the judgement

Answered 11 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
There is no distinction between court levels for a judgment. They are all treated the same, so the enforcement of a judgement in general applies.
There is no distinction between court levels for a judgment. They are all treated the same, so the enforcement of a judgement in general applies.

Privacy Issue

Answered 11 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
This actually may violate the provisons of the Florida Consumer Collections Practices Act. If you have questions about this, or would like more information on how we can help, please call 1-800-922-6442.
This actually may violate the provisons of the Florida Consumer Collections Practices Act. If you have questions about this, or would like more... Read More

How can i get a loan company to stop using baliffs to harass me?

Answered 11 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Bailiffs? That makes no sense as Bailiffs are essential court police.
Bailiffs? That makes no sense as Bailiffs are essential court police.

need to find about credit judgements against me

Answered 11 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Credit report is the start. They should list public record issues like judgments. If they are in Florida, there is a judgment registry that may help you or check the public/official records where you reside.
Credit report is the start. They should list public record issues like judgments. If they are in Florida, there is a judgment registry that may help... Read More

Who do I pay to release a judgment the creditor or the attorney?

Answered 11 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Typically the creditor. If things went screwy you can usually make payment to the clerk for the value of the judgment and they will issue a satisfaction. If it gets off track, you may need to hire a lawyer to help get it resolved. You can always call our office to arrange for a FREE conference at 1-800-922-6442.... Read More
Typically the creditor. If things went screwy you can usually make payment to the clerk for the value of the judgment and they will issue a... Read More

atty filed lien in public records. now filed order on motion to perfect motor vehicle

Answered 11 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
It may be the same lien simply re-recorded. Many times the same lien is re-recorded or registered in different places to put people on notice that the lein exists.
It may be the same lien simply re-recorded. Many times the same lien is re-recorded or registered in different places to put people on notice that... Read More

loan and bank account

Answered 11 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Depends on the terms of your account agreement, but likely yes, just like your not supposed to write checks on closed accounts or leave the account empty with outstanding checks.
Depends on the terms of your account agreement, but likely yes, just like your not supposed to write checks on closed accounts or leave the account... Read More
Debtor and Creditor
Florida

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