Tim A Pribisco Jr.’s Answers

Tim A Pribisco Jr.

Contributor Level 8
  1. Statute of Limitations

    Answered almost 2 years ago.

    1. Tim A Pribisco Jr.
    2. David Lloyd Merrill
    3. Pamela Koslyn
    3 lawyer answers

    Section 95.11(3), Florida Statutes, likely governs this scenario. Your obligation to an attorney for fees was likely set forth in a fee agreement, ie. a contract. Actions to enforce contract must be commenced within 4 years.

  2. What is the Difference Between an 'Assigned Debt' and a 'Sold Debt'?

    Answered about 2 years ago.

    1. Tim A Pribisco Jr.
    2. Jeffrey B. Lampert
    3. Michael J Corbin
    3 lawyer answers

    I agree with Mr. Corbin's characterization of assigned vs. sold. Additionally, I would adhere to his caution regarding your proposed strategy. The Federal Debt Collection Practices Act (FDCPA) and the Florida Consumer Collections Practices Act (FCCPA) both set forth proper notice requirements and penalties for pursuing the collection of a debt in impermissible manners. Furthermore, the FDCPA entitles a consumer to a debt verification. These laws can help provide you leverage in settling the...

  3. Can an 18 year old Egyptian citizen rent a house in Florida?

    Answered about 2 years ago.

    1. Tim A Pribisco Jr.
    1 lawyer answer

    Yes. There is no law against a US citizen entering into a contract (i.e. Lease) with a foreign citizen.

  4. Is this enough to present to the bank holding the loan if my ex resides in the home & I do not to have me removed from the loan

    Answered about 2 years ago.

    1. Marshall C Deason Jr.
    2. Tim A Pribisco Jr.
    3. Michael T Millar
    3 lawyer answers

    If you signed the promissory note, then that would be a debt "in your own name." Regardless of whether you live in the property, your signature on the promissory note means you are obligated for the debt. However, if you only signed the mortgage you do not have any obligation to satisfy the debt.

  5. We (my husband, myself and 3 daughters) live in a townhome in the Tradition Community in Florida.

    Answered about 2 years ago.

    1. Tim A Pribisco Jr.
    2. Marshall C Deason Jr.
    3. Barbara Billiot Stage
    3 lawyer answers

    An HOA has the obligation to ensure that the common areas are maintained. Common areas would include the "community square" as well as the space between the walls of the units. If the HOA is holding a meeting it would be a good idea for you and the other affected homeowners to attend and raise concerns. Because members of a homeowners’ association can enforce provisions of the covenants and restrictions (ie. maintenance of the common areas) through litigation, voicing a unified concern that is...

  6. What is the best way to handle junk debt collectors summons to appear at a pretrial conference?

    Answered about 2 years ago.

    1. Tim A Pribisco Jr.
    1 lawyer answer

    From the facts presented, it is difficult to determine who owns the debt. However, in order to prevail in an action to collect a debt, the Plaintiff must prove it owns the debt. To answer the broad question of the best way to handle this situation: you should retain counsel and file an answer to the complaint. Failing to respond to a complaint waives your right to present defenses to the claims asserted against you. In collection cases, defenses such as failure to prove debt ownership, failure...

  7. I am currently due to attend a pretrial mediation with a collection agency that bought a debt that has been charged off .

    Answered over 2 years ago.

    1. Tim A Pribisco Jr.
    2. Dorota J. Trzeciecka
    3. David Kennedy Bifulco
    3 lawyer answers

    If your question is whether the debt collection agency can attempt to collect the debt from you, the general answer is yes. It appears you did not receive a discharge as to this debt because the Bankruptcy court dismissed your case. The charged off status and the collection attempt by a debt collector do not prevent attempts to collect this debt. However, a debt collector must prove that it actually owns the debt and the amount of debt is correct. More information such as what the debt is for,...

  8. I never received money after I signed a promisorry note but the other person did now he is sending a demand letter what can I do

    Answered almost 2 years ago.

    1. Seyed Abbas Kazerounian
    2. Tim A Pribisco Jr.
    2 lawyer answers

    Constitutional issues arise when an employer makes signing a promissory note a condition to employment. So, the contact may be "illegal," and unenforceable. If the nature of the contract between you and the lawyer is legal, the interest rate could be deemed unconscionable or even illegal depending on your state's laws.

  9. Does a work shop built on property become part of that real estate?

    Answered almost 2 years ago.

    1. Tim A Pribisco Jr.
    1 lawyer answer

    Generally speaking, if the shed was placed on the property with the intent for it to be permanently affixed to the property, in most states, that will be considered a fixture and will have to stay on the property. Property laws vary from state to state, a local attorney could provide more insight.

  10. Can i break my lease?

    Answered about 2 years ago.

    1. Rixon Charles Rafter III
    2. Tim A Pribisco Jr.
    2 lawyer answers

    While landlord/tenant laws differ from state to state, landlords generally have a duty to maintain the premises in a habitable and sanitary condition. A landlord's failure to meet that duty can result in your ability to break the lease if the landlord does not correct the issue after providing valid notice to the landlord. In FL, a tenant can withhold rent after proper notice in order to induce a landlord to fix the issue. If the landlord does not correct this issue after a certain amount of...