Skip to main content
Alex McClure

Alex McClure’s Answers

1,461 total


  • Can I get my money back if I signed a contract that stated no refund?

    Alex’s Answer

    Almost everything will hinge on the terms of the agreement you signed. You will want to have an attorney review it with you for the amount of money involved here.

  • Does putting PIF in the memo section of a check mean anything?

    Alex’s Answer

    In FL, such a designation is meaningless if the amount of the check is not otherwise payment in full as agreed or as billed. It is violative of the statute of frauds. See Fla. Stat. 725.05 As you might imagine, if this were not the case everybody would simply write "PIF" on every check written.

  • What does within 3 business business days mean?

    Alex’s Answer

    Under Reg Z regarding refinance loans, Saturday is counted as a business day. Therefore, under the fact pattern you described it appears the disbursement was appropriate. Hope this helps

  • Do you legally have a right to back out of a contract you signed within 3 days?

    Alex’s Answer

    It depends on what the contract is for, or sometimes who signed the contract. This is something you would need to be more specific about, and would want to consult with an attorney regarding if there is any significant obligation involved.

  • Can my s-corp's business account be frozen by a Judgement against ex-husband's company, my ex-husband, and myself?

    Alex’s Answer

    The answers to your questions will depend on some very specific facts and circumstances. Your first order of business should be to have a thorough analysis with an attorney who can provide advice and counsel regarding your particular situation. I understand that this does not seem like a response to your questions, however, there are many variables at play in a situation like the one you describe. You should waste no time seeking counsel to assist you with this matter, as there are processes that are likely to begin soon which will need immediate attention. You can use AVVO or Google to search for attorneys to assist you. Hope this helps.

  • How can I get my savings account money that was garnished back?

    Alex’s Answer

    If you have the documentation to back up the settlement of the debt, you will want to contact an attorney immediately to mitigate the damage to you and to get the situation straightened out properly.

  • Florida fact information sheet 1.977, On the form It says file with the Plaintiff Attorney And the Clerk. of the court.

    Alex’s Answer

    Do not file it with the Clerk!!

    If you do, your information will be in the public record for all to see. You should send the information to the Plaintiffs attorney (or Plaintiff if no attorney) and then send a notice to the Court that you have sent the completed form to the Plaintiff or its attorney.

  • Do I have to put bank account numbers for a financial questionnaire?

    Alex’s Answer

    Attorney Berkus hit the nail on the head. Its a Catch-22, but if you dont have any good defenses to the lawsuit and you think you will not prevail in the long run they will be entitled to the information after judgment anyway. Talk to a bankruptcy attorney local to you to get some potential options regarding your situation before you put any money into this situation. Hope this helps.

  • Why was a creditor able to garnish my wages now from a foreclosure from 2009

    Alex’s Answer

    Judgments in FL are good for at least 20 years, and a garnishment is possible at any time in that period. Sometimes a deficiency is not a separate action and is a motion tacked on to the end of the foreclosure case. You should hire an attorney immediately to avoid letting an already bad situation get far worse.

    Also, the fact that a debt is not on your credit report is, effectively, meaningless. I wrote an article about this: https://www.amcclurelaw.com/i-was-called--sued--received-a-collection-letter-about-a-debt-that-does-not-appear-on-my-credit-report--what-does-this-mean

    Hope this helps.

  • Is there any precedent in FL for garnishing a business's (defendant/judgment) rental security deposit being held by a landlord?

    Alex’s Answer

    The concept of garnishment is to seek the turnover of money or property of the debtor being held by a third party. As. Mr. Gleason has stated, there is no difference between a security deposit and a bank account or periodic wages due to a person. They are all instances of a 3rd party holding money or property belonging to the debtor.

    Hope this helps.