Guy Piers Coburn's Answers

How do I figure per annum interest on a judgement?

The formula for interest is (Principal)x(Rate of Interest)/365x(Number of days) You will need to treat each period between payments separately. The first $200 payment was made immediately, so the Principal drops to $1000, the interest rate is .12, and the number of days is 8/1/2007 - 5/22/2007=69 days. (1000)x(.12/365)x(69) = $22.68 Now do that for the other periods after subtracting the payments first from the interest, then the remainder from the principal.

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Under FL debt collection laws, can a creditor get access to debtor's 401k/retirement money

Florida has very broad protections for consumer debtors. There are exceptions, but in general, any federally recognized retirement plan will be exempt from the claims of creditors. See Florida Statutes §222.21

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Debt collection laws in FL, credit card company suing for debt owed

Typically credit unions, and most other financial institutions, have provisions in their deposit agreements that let them "offset" a delinquent debt with any money in a deposit account. You would need to review your documentation to see if this credit union has included this right in its customer agreements. It is likely that the credit union had the right to take the funds in your checking account. If the amount owed is less than $5,000, then you will be in Small Claims Court. The papers...

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How can I stop a collection agency from calling me?

The next time the machine calls and leaves a message, call back and demand the name of the person and his or her employer, and the address. If the person refuses, tell them that under the federal Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. §1692b(1) and 15 U.S.C. §1692d(6), that he (or she) is required to provide "meaningful disclosure of the caller's identity." Once you get the address, write a letter to the collection agency, telling them that you want NO MORE telephone...

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Where can I find a good and aggressive Attorney in Lakeland, FL who can help me collect a Final Judgment ?

An important question is, "How much is the judgment?" Is it a Small Claims case (under $5000), County Court ($5000-$15,000) or Circuit Court (over $15,000)? Collections attorneys handle matters one of two ways. Some (like my firm) handle cases on a per hour basis. You owe the attorneys' fees regardless of success, but you keep all the money collected. Some attorneys handle these cases on a contingency basis, where the law firm takes 33% or 40% of whatever money is collected. These...

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Co-signer rights under FL law and procedure to take name off of loan ex girlfriend refuses to refinance car in her name only

A "replevin" action is where you ask the court to force the other side to give you property that you have a right to possess. If she does not respond to the lawsuit, the Sheriff will assist you to take possession. Since your name is on the title, you have the right to have possession of the car. However, if she decides to contest the case, she could assert that she has some kind of right to the car, and that issue could be brought before the judge. In that case, you might be able to...

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KY debt collection laws, car repo, creditor trying to collect additional monies, what are debtor's rights against creditor

Under the Uniform Commercial Code, which is followed in most states (and I presume it is followed in Ky), after repossession, the creditor has the right to sell the collateral (the car) in a "commercially reasonable manner" (Which is typically at a recognized auto auction, but may be at a private car lot) after providing notice to you. Then the creditor can take the proceeds of the sale, deduct the costs of the sale, and then apply whatever is left to the unpaid debt. If there is still money...

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Recieved notice collection agency for 1997 bill? 4/19/09 is there a stature of limitations concerning this of type practice

In general, the statute of limitations in Florida for most debt claims is either five or four years. There are a few circumstances that can substrantially extend this time period, but your question does not indicate that any of these exceptions might apply. This means that the creditor has probably lost the right to sue to force collection of the debt. It does not actually wipe out the debt, but the creditor cannot enforce it. However, the creditor can ask you to pay the debt on "moral"...

Debt collection and settlement over hospital bills under FL law

You may want to contact a local attorney who handles consumer collections matters. If the collector is trying to collect an amount from you that the collector is not entitled to collect, then the collector may have violated the Federal Fair Debt Collection Practices Act ("FDCPA") or the Florida Consumer Collection Practices Act ("FCCPA"). If you don't want to do that, I suggest that you write a letter to the collector to advise him/her/it that (a) you dispute the debt. (b)That you paid...

Can an attorney collect fees for collecting attorney fees?

Your question leaves out some important facts that would be needed to fully answer. Are you asking if an attorney can be awarded attorneys' fees if he or she sues you to recover her or his fees? Or are you asking whether, in the context of a lawsuit where the attorney is entitled to be awarded fees, can the attorney also get attorney's fees for litigating the issue of attorney's fees? In Florida, a party to a lawsuit can only recover attorney's fees if either there is a contract that...