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N James Turner

N Turner’s Answers

6 total

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

    We had a meeting in morgan county this morning over a bill I owe. He repeatdly threatned to have me thrown in jail. When I talked to the court clerk she said he was not supposed to do it. He said I misunderstood what he was saying, i did not misun...

    N’s Answer

    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.

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

    The day after my discharge farmers furniture called me and said they needed a date to come get my furniture now that my bankruptcy was discharged. I told her that I did not have the furniture anymore. She called me a liar and told me this was not ...

    N’s Answer

    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. 2010), the debt collector claimed that it had no actual knowledge of the debtor's bankruptcy which fact was undisputed. However, the Court denied summary judgment on the bona fide error defense because the debt collector/defendant presented no evidence of an agreement or understanding with the original creditor that it would not to refer accounts in bankruptcy and no evidence that its reliance on the original creditor had proved effective in avoiding errors in the past. Lastly, the Court stated that the debt collector/defendant presented no evidence whatsoever to show that its reliance on the original creditor about knowledge of the plaintiff's bankruptcy discharge was reasonable.

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

    do i need to change the beneficiarys on my life ins. policies, if both my wife and I have a judgement?

    N’s Answer

    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 value that may be obtained either by means of negotiation or pursuant to an agreement for surrendering the policy. One court held that this exemption applied to a certificate of deposit purchased with the cash surrender proceeds of the life insurance policy.

    This statutory exemption is subject to disallowance if created by the conversion of non-exempt funds into exempt assets in contravention of Florida Statute sections 222.29 and 222.30.

    Proceeds of Life Insurance - Exempt from Claims of Insured but Not Claims of Beneficiary

    Florida Statutes section 222.13 provides for the exemption of the proceeds of life insurance from the creditors of the "insured" upon the death of a person residing in Florida. Courts hold that this statute provides for the exemption from the claims of creditors of the insured but not from the claims of the creditors of the beneficiary. This means that the proceeds are available to the claims of the beneficiary's creditors.

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

    There was no life ins. He had a lot of bills and there is no will. Can they sue me or his son? Who is responable to pay the bills and the funeral bills.

    N’s Answer

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

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  • Can a debt collector pursue on paid off loan?

    I paid off my car was sent a notarized payoff letter and title. Then 3 yrs later a debt collecter said my original lender had the wrong payoff balance and still owed $1000.

    N’s Answer

    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.

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  • Non-compete

    I signed a non-compete agreement with a large software company. It prevents me from employment with any U.S. competitor for 12 months following. I am in product marketing and have been offered a fantastic opportunity with a start-up in the US. I ...

    N’s Answer

    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 throughtout the United States? I would also want to know what specific business interest they are trying to protect.

    This article should help.

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