Florida Debtor And Creditor Legal Questions

Hate to say it ...but...not gonna happen. As a co-signor, you agreed to be fully responsible for the debt, not to point the bank in the right direction and say" go get em tiger". If you want your credit to be safe, YOU need to get with the bank, get the loan caught up and keep payments current until YOU can sue your ex for the money back, ....if she has it. If you feel we an help, we offer FREE consulations at 813-877-6442.... Read More

It sounds like you possibly have a claim for a violation under the the Fair Debt Collection Practices Act. The Act was created to protect consumers from abuses in debt collection.     Here is a link to the act that you will want to check out the statute: http://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text You can instruct a debt collector to make all inquiries about the debt through your attorney.  Once the debt collector has been instructed to make inquiries through your attorney, they should no longer make any direct contact with you.   For example, there are violations that relate to calls that are made without your consent to your employment, cell phone or residence.  Such violations typically provide for $1000 paid to you for each violation plus attorneys fees.     We would require more detailed information to evaluate the potential claims that are available to you.... Read More

In short, under Federal and Florida law you have the right not to be harrassed by a debt collector.  In the event that you file a case to stop the harrassment, you would be entitled to $1000 per violation plus attorneys fees.  We can provide you with a more detailed answer with more information about the emails and calls you are receiving. ... Read More

Yes, it is possible to negotiate with the company that seized your safety deposit box for the return of your documents.   If they are not willing to return the documents then a motion would need to be filed with the court and an order entered directing them to return the documents to you.    ... Read More

If you stop paying your mortgage for a 4-6 months, you will be in default under your mortgage.  That will have an impact on your credit report and it is likely that your lender will file a lawsuit for foreclosure against you.   If you feel that you need to stop paying your mortgage, you might consider trying to modify your mortgage to reduce your monthly payment so that you can get caught up on your credit card debt.  Additionally, you may have some consumer debt collection violation claims due to to your credit card debt that could result in your creditors having to pay you money.   I would need to have more information about your mortgage, income, and the value of your home to evaluate whether you would be a candidate for a modification. ... Read More

Well, first off, yes, I’d say you should make the payments you agreed to make.  But, that’s your choice, I suppose.  As far as the consequences of non-payment, look at the actual stipulation you signed.  In small claims, normally the stipulation agreement will have some language in it that if you fail to live up to your end of the agreement, you consent to the entry of a final judgment.  At that point, the credit card company will use the court order to attempt to collect the judgment with the enforcement of the courts.  The move may make it alittle more difficult for the credit card company, but they’ll find you.  Of course, depending on how the stipulation came to be, in small claims, the Judge may have signed a Final Judgment, but withheld execution pending a work-out between you and the credit card company.  The consequence is essentially the same – if you don’t pay, the company will go back to the Judge and ask that execution be ordered.  Long short – if you can pay, pay.  If the terms are sincerely too much, try to work out new terms.  Otherwise, you’ll be facing a judgment and enforcement most likely.... Read More

He needs to hire a lawyer ASAP. This may be the classic "zombie debt" where they sue people on account hoping the dont hire a lawyer or better yet simply default and they win. If it turns out that he wins on the collections case, he may be able to get his fees reimbursed AND possible sue the collector for damages and additional attorney's fees. We do offer FREE consultations on such cases at 1-800-922-6442.  ... Read More

Unfortunately, you made fatal mistake of gifting things and having verbal agreements intertwined with work. Unless the lens is worth the thousands of dollars that litigation will likely cost, it will be cheaper to buy new lens. The alternative is to hire a lawyer to write a demand letter BUT if he calls the bluff, and you dont take legal action, he will feelmore empowered to keep the lens.If you would like to discuss retaining an attorney to help up you, we do offer FREE in office consultations at 1-800-922-6442.... Read More

You will need to hire an attorney at your expense to address this issue if you were not insured for the accident. If you were insured, you need to report this to the insurance company so they can address the issue and hire a you an attorney. If you are here on student VISA you should check to see what impact not paying for damages from an accident you caused may have on your ability to remain in the US with an immigration lawyer also.... Read More

Sounds like a deposition in aid of execution and they are looking for that information because they have every intention of garnishing wages and seizing assets to satisify a judgment. If you plan on filing bankruptcy, you may want to step that process up and talk to bankruptcy lawyer ASAP. If you cant file BK ASAP, you may need to spend money to hire a lawyer to continue the depo a bit so you can. If you are looking to hire a lawyer you can call our office at 813-877-6442 to arrange for a FREE in office consultation. ... Read More

Well....it all depends. If the person is not trully a resident there or shows up there, then you might have a case or they might under the FDCPA or FCCPA amongst other common law concepts. However, it seems from the facts that that person DOES reside there and is avoiding process, and that would probably eliminate the harassment angle, since its hard to cry foul when you're causing the issue to escalate or avoing lawful process. ... Read More

FDCPA validation is diffferent from FRCA verification, which is the debt removal for lack of response. If the collector fails to respond to your request, there is often little to do unles they resume collection activity against you. If you want records about your debt, if you dont have them, you may need to request them from the creditor or bring an action against them to produce the records. ... Read More