Archived
Am I personally liable for a default judgment against a small S-corp that is no longer in business that I was the CEO of?
David's answer
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Answered on September 30, 2016
Probably not because in order to do so the Plaintiff would have pierce the corporate veil to reach you personally. Piercing the corporate can be...
Archived
Can a debt collection agency collect on an 8yr old debt that they bought in Florida?
David's answer
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Answered on September 29, 2016
The garnishment likely means that the debt collector has a judgment already. There are certain exemptions from garnishment if you are the Head of...
Archived
What do I do now?
David's answer
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Answered on September 27, 2016
It appears that the stipulation provides that you are entitled to a judgment in the event the Defendant does not pay. You need to submit a Motion...
Archived
How long is a Claim of exemption against a writ of garnishment good for once it is granted by the judge.
David's answer
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Answered on September 23, 2016
If you are on the same job and still the Head of Family if that was the basis of your exemption, they should still apply although you will have to...
What can I do to avoid writ execution I don't own anything but recently married. Can they take any of my husbands assets?
David's answer
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Answered on September 23, 2016
Consult a debt collection attorney to discuss your options for dealing with this matter. Your husband is not liable and the pension is not likely...
Archived
Got a dept. Store card in mothers name back in Aug.2012 and maxed it at 4,200. Now they have my mom in civil court. If she tell
David's answer
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Answered on September 21, 2016
If your mother had knowledge and consented to these charges, then she is liable. If not, she is probably not because she was victim of identity...
Archived
How can the State of Florida convict someone of organized fraud in the amount of $7,000?
David's answer
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Answered on September 15, 2016
That's right. The State will have to prove that she stole the money alleged. But the State;s evidence is likely not limited to a one day videotape....
Archived
I was sued in 2007 for credit card debt. I was sued again this year. In Florida is that past the statue of limitations ?
David's answer
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Answered on September 15, 2016
Agree with Mr. Tischhauser. Consult a debt collection attorney to determine if you have defenses to the garnishment. The garnishment should not...
Archived
I'm a defendant in a small claims lawsuit by a debt buyer company that purchased an old debt for literally pennies.
David's answer
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Answered on September 10, 2016
How were you served? If you were not not served, the case will be continued for service until such time as you are served. If you have been served...
Archived
I have a default judgment on an LLC. Can I garnish their Wells Fargo account without an TIN? I have the account number.
David's answer
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Answered on September 08, 2016
Yes probably. But the garnishment statute and state and federal exemptions are not easily understood witout legal experience and could affect your...
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