Archived
An HOA placed a Lien in May 2008 for assessment, I filed Bankruptcy in June 2011 and was discharged in Sept 2011.
Shawn's answer
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Answered on October 09, 2012
Contact a Florida attorney who handles Bankruptcy discharge violations. Many offer a free consultation. Check our website out for a better...
Archived
Do I have to wait to file an exemption claim from garnishment till I receive paper from the lawyer representing the plaintiff?
Shawn's answer
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Answered on October 09, 2012
You need to file your exemption now. The attorney likely did not send you the required notice. The longer you wait the more likely a Judge will...
Archived
What can I do if the attorney fails to mail me the required forms I am to receive for garnishment of my wages?
Shawn's answer
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Answered on October 09, 2012
Request an exemption hearing to point out the issue to the Judge. The garnishment rules are statutory, so they must be followed very specifically....
Archived
Is this statement in an debt agreement sufficient enough to make sure it is reported as settled on my credit.
Shawn's answer
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Answered on October 09, 2012
The language you have quoted is pretty standard in settlement agreements. I would suggest though to make sure it is updated within 30 days of the...
Archived
I'm filing Chapter 13 in Palm Beach and a creditor garnished my bank accounts. Do I need to file a claim of exemption?
Shawn's answer
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Answered on September 26, 2012
Contact a firm who handles violations of the Discharge and Stay. ...
Archived
Statement of Claim from CACH LLC
Shawn's answer
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Answered on September 20, 2012
Go to the Clerk of Court and request to view the file. You should be able to ascertain what the original debt is from the initial complaint in the...
Archived
I am representing myself in a debt collection lawsuit. The Plaintiff is a third party collector.
Shawn's answer
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Answered on September 13, 2012
Just because the collector is a third-party does not mean they have purchased the debt. Often times the debt is placed with these companies to...
Archived
Are there any rules on when a motion to dismiss can be brought.
Shawn's answer
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Answered on September 13, 2012
The likely best way to do this is to file an amended answer, stating in the affirmative defenses that the Landlord did not properly serve the...
Archived
If a judgment creditor in FL asks for 5 years tax returns in discovery, can you decline and state they are privileged?
Shawn's answer
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Answered on September 12, 2012
Nothing, you must give the information. If not they can move for contempt and potentially get a writ of bodily attachment. Best thing to do is try...
How often can a company call to collect a past due balance!?
Shawn's answer
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Answered on September 11, 2012
Sounds as though they are the original creditor. There is not much that you can do other than tell them contacting you on the cell phone is...
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