Gregg J Ormond’s Answers

Gregg J Ormond

Miami Litigation Lawyer.

Contributor Level 9
  1. Is it wise or unwise to tell someone who owes $12,000 that we will turn the case over to our lawyer if he does not pay?

    Answered over 2 years ago.

    1. Gregg J Ormond
    2. Dorothy G Bunce
    3. Michael J Corbin
    3 lawyer answers

    Assuming that you are attempting to collect a debt on behalf of your own company and not that of another party, then you are not affected by the Fair Debt Collection Practices Act (FDCPA) since you would not meet the definition of a "debt collector". You are subject to the Florida Consumer Collection Practices Act (FCCPA) but it is not as broad as the FDCPA, so would not proscribe the "threat" that you suggest. However, most people would be surprised to know that debt collectors can violate the...

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  2. I am Durable POA for an elderly friend with dementia. I need to close her home, sell some items & car. Is this acceptable?

    Answered 11 months ago.

    1. Frank Joseph Tylman Jr.
    2. Stephanie Sauer Woods
    3. Gregg J Ormond
    4. Thomas J Upchurch
    4 lawyer answers

    I agree with Mr. Tylman and Ms. Woods but would add that you are assuming a great deal of responsibility for your friend. Be sure you know what you are getting yourself into and are willing to accept it. Also consider if your husbands concerns could cause you personal problems down the road. It is something that you are willing to do, then see an attorney that can advise you how best to perform your responsibilities and what you can and cannot do under the POA.

    5 lawyers agreed with this answer

  3. Lease expired/how much time do I have before the landlord files an eviction?

    Answered over 2 years ago.

    1. Alan D. Walton
    2. Gregg J Ormond
    3. Marva Lynn Wiley
    3 lawyer answers

    I agree generally with the prior answer by Mr. Watson. And it is always best to communicate with you landlord to tell him what you are doing and work something out and/or offer to pay for your occupancy for all or less than another month. However specific to your question, the landlord in Florida would have to give you a 3 day notice to pay the rent or leave. If you fail to do so, he/she would have the right to institute eviction proceedings. After the suit is filed and served on you, if...

    4 lawyers agreed with this answer

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  4. Am I responsible for rent if my landlord lied about the apartment conditions?

    Answered over 2 years ago.

    1. Gregg J Ormond
    2. Marva Lynn Wiley
    3. Marshall C Deason Jr.
    3 lawyer answers

    What you are suggesting is that the Landlord committed fraud by intentionally failing to disclose known conditions that would have materially affected your decision to rent the apartment, or rent it at the price agreed upon. I must assume that the landlord gave you a good reason for not showing the apartment and that is why you did not insist upon seeing it. If this is the case, and you can prove it, you probably have a good case to rescind the contract that you signed. However, this could...

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  5. How do I prove head of household to stop garnishement if I did not file it on my tax return?

    Answered 11 months ago.

    1. Gregg J Ormond
    2. Radha Rothrock
    3. Erin Suzanne Baggett
    4. Bruce Givner
    4 lawyer answers

    When you were served with a copy of the Writ of Garnishment and the Employer's Answer, you should have received a form from the Plaintiff, issued by the court to complete and claim the head of household exemption, which essentially means that you provide more than 50% of the support of a minor or other dependent. It looks like you qualify but you and or the dependents would need to testify accordingly in a court hearing. The tax return is but one method of proof, but it is not dispositive and...

    4 lawyers agreed with this answer

  6. Can they really garnish my paycheck

    Answered 11 months ago.

    1. Gregg J Ormond
    2. Nikhilkumar Manharlal Patel
    3. Peter Walter Weston
    4. Robert Jason De Groot
    4 lawyer answers

    I generally agree with Peter's answer. You should keep track of all attempts to contact you. If they do reach you, tell them you do not want them calling you or anyone else again. If they write you, write them back by certified mail asking for a verification of the debt and the name of the original creditor. If they file suit or report the debt to a credit bureau, go see a consumer lawyer that understands the FDCPA and FCCPA. Good luck.

    4 lawyers agreed with this answer

  7. I had a judgement against me in 2008 on a debt I claimed had expired on SOL. Can I still ask for proof of debt from LVNV?

    Answered over 2 years ago.

    1. Gregg J Ormond
    2. Alan D. Walton
    2 lawyer answers

    I agree with Mr. Watson, it does sound like you had your day in court and whatever happened, right or wroing, stands if you did not appeal at the time. On the other hand, the creditor/plaintiff still has not collected the judgment from the sound of it and thus you may be able to negotiate a discount to settle the case for less than the amount owed. Judgment creditors will usually agree to a payment plan but are most inclined to give the biggest discount in exchange for a lump sum payoff....

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  8. After 5 years, an apartment rental property asking for monetary collections?

    Answered 8 months ago.

    1. Robert Jason De Groot
    2. Shaye Larkin
    3. Gregg J Ormond
    3 lawyer answers

    You have a number of options, but which to pursue is dependent on having more facts and reviewing the paperwork that you do have. I would suggest you contact a knowledgeable consumer lawyer that understands the FDCPA. He/she will probably provide a free consultation to go over your facts.

    3 lawyers agreed with this answer

  9. Was I properly served?

    Answered 11 months ago.

    1. David P Fraser
    2. Gregg J Ormond
    3. Preston Hall Oughton
    3 lawyer answers

    If the judge knew all of the relevant and true facts, he or she would consider that you were properly served. I never understand why people avoid service of process. It merely delays the inevitable and sometimes can result in the named defendant not knowing what is happening in the case, not to mention, as could be the situation in your case, loosing the opportunity to defend the case. Many times there are legitimate defenses to a case where you might think you are liable but legally are not....

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  10. Our rental property just sold at a foreclosure auction today in Kissimmee, FL.

    Answered almost 2 years ago.

    1. Samuel David Cooper
    2. Gregg J Ormond
    2 lawyer answers

    If the sale was today then there are a minimum of 10 days before the sale is confirmed and finalized and a certificate of title issued by the Court. Until then it is still your property and you can remove your things.

    3 lawyers agreed with this answer