N James Turner’s Answers

N James Turner

Orlando Debt Collection Attorney.

Contributor Level 3
  1. Non-compete

    Answered over 2 years ago.

    1. Marshall C Deason Jr.
    2. N James Turner
    3. Robert John Murillo
    4. James P. Frederick
    4 lawyer answers

    Section 542.335 of the Florida Statutes entitled “Valid restraints of trade or commerce” provides that a court will not enforce a non-competition agreement unless it is in writing and signed by the employee. The employer seeking enforcement of a non-compete agreement must establish existence of one or more legitimate business interests justifying the non-compete provision. The issue that I think you should explore is whether your software company has a legitimate business interest...

    1 lawyer agreed with this answer

  2. I filed chapter 7 bankruptcy and it was discharged as of last month. Creditor still calling me and family members

    Answered over 2 years ago.

    1. Lewis Matthew Roberts
    2. Jeffrey David Solomon
    3. N James Turner
    4. Stuart M Nachbar
    5. Mitchell Paul Goldstein
    6. ···
    8 lawyer answers

    This is an absolute violation of the Fair Debt Collection Practices Act. Many debtors who file for bankruptcy and obtain a discharge still receive collection letters or calls from creditors. This is a clear violation of the FDCPA. It is anticipated that most debt collectors will claim as a defense to a FDCPA that the collection activities were a result of a bona fide error in that they had no actual knowledge of the bankruptcy. In Bacelli v. MFB, Inc., 729 F. Supp. 2d 1328 (M.D. Fla....

  3. Can a debt collector pursue on paid off loan?

    Answered over 2 years ago.

    1. Jason Robert Perry
    2. Michael James Wang
    3. N James Turner
    3 lawyer answers

    a debt collector may not sue you for a paid off loan. This is a clear violation of the Fair Debt Collection Practices Act. Specifically, Section 807 of the Act which states that a debt collector may not make: (2) The false representation of— (A) the character, amount, or legal status of any debt.

  4. Can an attorney threaten to have a person thrown in jail. He is an attorney for a bill collector.

    Answered over 2 years ago.

    1. Christopher Daniel Leroi
    2. Patrick Begley
    3. Robert John Murillo
    4. Mitchell Paul Goldstein
    5. N James Turner
    5 lawyer answers

    First, it is unethical for an attorney to threaten criminal action to gain leverage in a civil case. Second, the attorney violated the Fair Debt Collection Practices Act and you can sue him for that.

    1 lawyer agreed with this answer

  5. If my ex-husband died from medical problems. Can I be sued or have my paycheck garnished for his medical bills or debts.

    Answered over 2 years ago.

    1. N James Turner
    2. Mitchell Paul Goldstein
    2 lawyer answers

    Unless you signed papers guaranteeing payment of the medical bills, you are not responsible.

    2 people marked this answer as helpful

  6. Can life ins. benefits be attached if you have a judgement against you

    Answered over 2 years ago.

    1. Jeffrey Scott Davis
    2. N James Turner
    2 lawyer answers

    Florida Statutes section 222.14 provides that the "cash surrender value" of life insurance "issued" upon the lives of citizens or resident of Florida is exempt from the claims of creditors of the person whose life is so insured (some courts hold insured must also be the owner of policy) creditors of the beneficiary unless the policy was effected for the creditor's benefit. Florida courts broadly construe the required nature of the "form" of the "cash surrender value" to include any cash...

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