Rocky L. Rinker's Answers

Rocky L. Rinker
Saint Petersburg Foreclosure Attorney.
Contributor Level 7

2

Attorney answers:

  1. Rocky L. Rinker
  2. Carol Lynne Graham

Im a renter in a home going into foreclosure,,,how long do i have???will i get my securty deposit back,,,

Asked by a user in Leesburg, FL - about 1 year ago.

This is actually several questions, so let's break it down a little bit. First off, you ask how long do you have. The answer will depend on how vigorously your landlord defends the lawsuit. Florida is what is known as a Judicial Foreclosure state. This means that the lender cannot simply step in and take the property, they must go through the judicial process. That process often involves a summary judgment hearing followed by a judicial sale. The length of time between the foreclosure filing...

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Attorney answers:

  1. Rocky L. Rinker

To default on one credit card or just one

Asked by a user in Clearwater, FL - over 2 years ago.

Any chance that Citibank would allow you to consolidate the Chase obligation into the Citibank debt?

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Attorney answers:

  1. Dennis Andrew Chen
  2. Rocky L. Rinker
  3. Mark L Rosenberg

Do I have to sign CC Company Settlement Agreement Document to make agreement solid.

Asked by a user in Lakeland, FL - almost 3 years ago.

I would wonder why you are reluctant to sign? From what you have reported here, it appears that you made an agreement that was to your satisfaction and very favorable. Of course, an attorney should review the agreement.

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Attorney answers:

  1. Christine Elizabeth Pejot
  2. Rocky L. Rinker

I received a summons and I need to respond in 20 days. How do I respond? is there a form I can use? I cannot afford a lawyer

Asked by a user in Lutz, FL - over 2 years ago.

First, I would make sure that I could not afford a lawyer. Many offer reasonable rates and payment plans. There are many things that need to be looked at in these types of suits. You may have defenses that you could lose if you make a misstep. You did not mention if this was in small claims, county or circuit court. Different rules may apply. One thing to keep in mind is that the creditor does not have to work with your debt settlement company. Also, I do not believe you have accurate...

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Attorney answers:

  1. Rocky L. Rinker

Can head of household wages be garnished?

Asked by a user in Jacksonville, FL - over 2 years ago.

You will want to look at Chapter 77 of the Florida Statutes. It details garnishment in the state. It specifically provides for exemptions for "Head of Family wages" in certain instances. It might be a good idea to talk to a local attorney about it. The following is an excerpt from the statute: I claim exemptions from garnishment under the following categories as checked: _____ 1. Head of family wages. (You must check a. or b. below.) _____ a. I provide more than one-half of the...

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Attorney answers:

  1. Rocky L. Rinker
  2. Donald Edward Petersen

What is the statue of limitation for a cell phone account collector in florida?

Asked by a user in Orlando, FL - over 2 years ago.

This area is governed by Fla. Stat. 95.11, and the Statute of Limitations is likely 5 years if based on a written contract. (see http://www.leg.state.fl.us/Statutes/index.cfm). However, you will want them to provide proof of the obligation, especially since you do not remember having the service.

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Attorney answers:

  1. Rocky L. Rinker

Credit Bureau of America (CBA) is harassing me for $250 of some Time Warner internet connection that I had in TX?

Asked by a user in Pomona, CA - over 2 years ago.

You should contact a local attorney as soon as you can. Meanwhile, keep a log of each time your are contacted regarding this alleged debt. On the log, track the time of the call and specifically what was said. Generally, if you dispute the debt or the amount of the debt, it is a good idea to send a letter indicated that the debt is in dispute.

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Attorney answers:

  1. Rocky L. Rinker

Is it possible for a collection agency to be contacting me now about a martial arts contract i had back in 1999.

Asked by a user in Kansas City, MO - almost 3 years ago.

You would be wise to seek a local counsel. Meanwhile, keep a log of each time you are called or contacted; track what time the call arrived and what was said to you. I do not know the Statute of Limitations in your area, but often it is 4 years or 5 years on this type of obligation.

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Attorney answers:

  1. Rocky L. Rinker

How do I fight a debt from a collection agency that I feel is unjust?

Asked by a user in Brooklyn, NY - about 3 years ago.

I guess more information is needed. For example, what did they promise to provide in exchange for the $698, and was there a written contract? Of course, it is always recommended that you speak with a local attorney familiar with the laws and practices in your area. At a minimum, you will probably want to send a letter disputing the debt.