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1  Flordia Debtor / Post a Question / Re: Statue of Limitations on: September 30, 2015, 07:37:44 PM
The statute of limitations for  written contracts in Florida is 5 years.So Retail Installment contracts are subject to the 5 yrs statute of limitations.If the facts are like you report here,then IMHO there could be violations of the FCRA ,FDCPA,and the FCCPA.The FCRA is the Fair Credit Reporting Act,the Federal law that regulates  credit bureaus and the information in credit files.The derogatory information about the repossession should have fallen off your credit report in 2012 or 2013.The FDCPA is the Federal law that regulates consumer debt collection practices.Possible violation here as well for furnishing information to a credit bureau on a debt that is no longer collectible.And last but not least is the Florida Consumer Collection Practices Act that is the equivalent of the federal debt collection law with one major difference-it defines a bill collector as just about anyone including the original creditor.

As to your efforts to clean up your credit report,what documentation have you provided the credit bureaus that continue to report the obsolete trade line? Have you contacted the original creditor and inquired why the 2010 date?Or has the account be sold or placed with a collection agency? Collection agencies tend to re-age the credit report trade lines.Also,did you make a payment to the creditor or collection agency after your default on the debt?

Finally, under these 3 laws that I have mentioned above-there are consumer law attorneys that will take your case on a contingency basis because the debt collectors and credit bureaus will have to pay for your attorney's fees if you prevail.Unless you are very well versed civil litigation,do not try to sue them yourself.Or take them to small claims court as they will have the case transferred to the federal district court.Like I said before,there are attorneys that will take these cases on a contingency basis presuming that your facts are correct and there are no other mitigating circumstances.I hoped this has helped.I strongly suggest you consult legal counsel since I am not an attorney.
2  Flordia Debtor / Post a Question / Re: how to offer a judgment settlement after receiving HOH exemption on: May 30, 2015, 10:40:18 PM
First, you should give very careful thought to any debt settlement.Assuming you are able to reach a settlement agreement with this JDB, lets say for 20 per cent of the debt of $11,700.00, then the 80 % balance of the debt that was bargained away or that you will not be responsible for could become a problem down the line for you. The JDB would issue you a 1099-c with a copy to the IRS.Then guess what, the IRS has become your new creditor.You could as part of the debt settlement ask the JDB not to report the settlement agreement to the IRS.But most will not honor that request as it is the law that they report it to the IRS any forgiven debt.Perhaps another way to go around this would be via novation.You might want to check this link for more information about novation and contract law.http://legal-dictionary.thefreedictionary.com/novation.Also this site.

If I were in your shoes,I would continue to avail myself the Head of Household protections offered by Fl. Stat. 222.Of course you would also have to plan in the event that at some point in the future you would no longer be able to claim that exemption.Better having the JDB as the creditor than the IRS  that has tremendous power and reach that the current creditor does not have.

You might want to consider visiting your local Legal Services office in your area where you can consult your situation with an attorney.I hope this has helped.Finally,please be advised that I am not an attorney and you should really rely on the advice of a licensed Florida attorney.
3  Flordia Debtor / Post a Question / Re: Statue of Limitations on: January 17, 2015, 08:42:24 PM
In this site there is a comprehensive section on the topic of the  statute of limitations.Credit cards generally are governed by contract law.In Florida,a written contract has a statute of limitation of 5 years.An oral contract 4 years.As to the boat being repossessed-you did not indicate how it was financed.Installment agreement,personal loan etc.You would have to refer to the contract and  then figure out   when it was breached to determine when the statute of limitations begins to run.Moreover,is the creditor coming after you for a deficiency?Was the boat sold at a loss to the creditor at the auction should that be the case? I suggest you refer to the section in this site titled -statute of limitations-which although it is dated from 2007,it is generally accurate with respect to the information in spite that it is from 2007.And definitely review the actual statute itself.Statute of limitations are the law of the State and understandably encompass all municipalities.I hope this has helped.Be advised I am not an attorney.For legal advice definitely consult with a Florida licensed attorney.
4  Flordia Debtor / Florida Case Law / Re: Need Fla. case law favoring Sole Proprietor for wage exemption on: January 12, 2014, 12:03:36 AM
See questions section post on this site   in response to your forthcoming hearing.See Florida Law Weekly publication.Also read Trawick's publication-procedures,the section on garnishments.Lastly,read the annotated FL STATUTES on garnishment,since the garnishment statute is a strict statute that if not followed strictly by the creditor could result in the garnishment being dissolved.Finally,this site has an abundance of information on garnishment.I hope this has helped.
5  Flordia Debtor / Post a Question / Re: Claim of Exemption Hearing on: January 11, 2014, 11:44:30 PM
The claim for exemption hearing is an evidentiary hearing.So yes,I would bring all documentation supporting your claim for exemptions,whatever these may be, since you did not specify.Remember, only wages are generally exempt from garnishment-provided you can cite an exemption.Bank accounts generally are not exempt unless you can show the monies in said account are from wages or other protected funds like social security benefits etc. For case law supporting your claim,visit the law library and request a publication titled Florida Law Weekly,and in particular the publication section that is called supplement,should your case be in small claims court or county court.This publication has a plethora of cases going back to the 1990's thru the present, on garnishment.The publication covers cases from all Florida circuits.You might also want to google Alper law,and visit this attorney's website for very valuable information about garnishment and asset protection.This attorney's name is Jonathan Alper and publishes a wealth of information on his site.He is in the Orlando Florida area.I hope this helps. 
6  Flordia Debtor / Post a Question / Re: Help with upcoming status hearing on: September 26, 2012, 02:46:30 PM
You are going to have to be more clear as to the reason or reasons stated for not wanting to go to the hearing.And you stated something as to you not having the opposition?I am trying to understand your question(s).Fraudfighter has posted on this website a wealth of materials on the rule you cited .You might want to read it if you have not done so already.Also, what is the court's  jurisdiction?
7  Flordia Debtor / Post a Question / Re: Mediation Help! on: September 05, 2012, 02:42:36 PM
Check your court's website for information and procedures on court ordered mediation.For example,the 9th judicial circuit court of FL as well as the Miami-Dade county court website publish in their website information and procedures about mediation.You did not indicate what judicial circuit your case is in.Generally,if you cannot pay your share of the mediation fee;you must complete a court issued form asking the court to declare you indigent.Contact the clerk of courts for information about the form and procedures.Also,read the local court rules and procedures for your circuit.I hope this helps. 
8  Flordia Debtor / Post a Question / Re: Mediation Help! on: August 30, 2012, 08:55:03 AM
What court are you in?Small claims,County,or Circuit? Have you read Fl Statute Ch. 44 ? If not,start by reading this chapter of the Fl Statutes.
9  Flordia Debtor / Post a Question / Re: SOL & Re-file Question on: May 02, 2012, 10:46:43 PM
what do you mean by falsely tolled?did you mean to say erroneously tolled?tolled by whom?and in particular tolled falsely by whom? what court are you in?small claims.county,or circuit?
10  Flordia Debtor / Post a Question / Re: CA tactics trying to collect on a judgment on: May 02, 2012, 11:20:40 AM
i agree with you that they are without a doubt harrassing you as well as trying to intimidate you as well.and if you show them you lack knowledge about the whole process they will quickly move on you,i.e.,try to garnish your bank account.put the lender's attorney on notice that all monies in your credit union account are solely from your wages.remind him or her that you told him/her in the deposition.and let them know that you will not hesitate to sue them if they gaarnish funds from your bank account.specially when you told them on more than one occasion that these funds are from your wages.wrongful garnishment is actionable.put everything to them in writing via certified return receipt mail.copy the court file as well as the judge in the case.And i would request the hearing for the determination of your wage/head of household exemptions.
11  Flordia Debtor / Post a Question / Re: CA tactics trying to collect on a judgment on: May 01, 2012, 03:47:49 PM
the legal doctrine of joint tenancies by the entireties should shield a bank account held jointly by a husband and wife from the creditor's  reach.but only if one of the spouses' is indebted and the other spouse is not.like in your case.your wife is not indebted or in privity with the creditor.further,generally only wages are exempt from garnishment.however,if you can show that the monies in the bank account are from your wages,the creditor cannot garnish said funds in your jointly held bank account.but,while the process of proving these funds to be exempt from garnishment,your bank account could be frozen.so you did right by removing your name for the time being just to play it safe.i would definitely discuss the issue of joint tenancies with your bank officer and how that is handle at your bank in a situation like the one your in.moreover,it would not hurt to consult with a consumer law attorney about these issues and the possibility of any action on your part in the event of a wrongful garnishment.i would also put the lender's attorney on notice as to the fact that any monies in the joint account are from wages and as such are protected from garnishment. 
12  Flordia Debtor / Post a Question / Re: objecting to financial (bank) records request for production on: October 23, 2011, 12:07:44 PM
which court are you in? small claims,county,or circuit? have you followed up on your request for the bank records?
13  Flordia Debtor / Post a Question / Re: Too Late to Fight? Have to File BK? on: September 27, 2011, 11:43:58 PM
it is possible that it is too late to vacate the judgment against you.however,the strategy i suggest is saving your assets from the judment creditor.first,i refer you to fl statute 222.and in particular 222.25.based on 222.25(4),you can use the personal property exemption to shield your car.see link http://archive.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0222/0222.html .you also need to read fl statute 76 and 77.i hope this helps.


14  Flordia Debtor / Post a Question / Re: Case Law Help! on: September 26, 2011, 02:29:14 PM
yes,a creditor or collection agency can prevail without a written   contract.you did not indicate if you are being sued in small claims court,county court  or circuit court.also,under what theory or cause of action is the plaintiff suing you?.is the complaint based on a breach of oral contract?or account stated or unjust enrichment.these causes of action are  used by ca or jdb and they do not need to provide the written contract.i think you should post the complaint after you redact your personal info so that other members can give you input.you need to provide more information.
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