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 on: September 30, 2015, 07:37:44 PM 
Started by Jammin - Last post by cmart56
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.

 on: September 24, 2015, 12:42:44 PM 
Started by Jammin - Last post by Jammin
Thank you of replying to my previous question regarding the boat. It was purchase as an installment like a car loan through Key Bank in 2003. It was defaulted in on 10/2005 although Key Bank is reporting 9/2010, and they did sell the boat at an auction, I do not know how much. I believe their statue of limitation has run out, but I cannot get the information changed on my credit reports to show the truth on the default date. This is keeping me from purchasing a home.

 on: May 30, 2015, 10:40:18 PM 
Started by floridasued - Last post by cmart56
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.

 on: May 28, 2015, 12:47:59 PM 
Started by floridasued - Last post by floridasued
I live in Florida. I had a credit card debt with BOA for $4500.00 that I could not pay.  They got an MSJ on me back in 2011 and proceded to garnish my wages. I received a head of household exemption against wage garnishment and did not hear from them again.  In April I received notice that attorneys representing CACH LLC had the debt which was now $11,700 from interest and attorney fees from previous lawyer. They indicated they were going after my wages again.  I again went to court and was granted head of household exemption.

I’m tired of this rollercoaster and would like to attempt a lump sum settlement.  I’m looking for advice on the percentage I should ask to settle for and what other stipulations I should include like making sure its final and no other companies can pick it back up and how its reported to the credit agencies.

 on: January 17, 2015, 08:42:24 PM 
Started by Jammin - Last post by cmart56
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.

 on: January 15, 2015, 03:32:55 PM 
Started by Jammin - Last post by Jammin
What are the statue of limitations for debt collections on a reposed boat?

What are the statue of limitations for credit card collections? Both are in Pinellas County.

 on: January 12, 2014, 12:03:36 AM 
Started by Dolphin - Last post by cmart56
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.

 on: January 11, 2014, 11:44:30 PM 
Started by Dolphin - Last post by cmart56
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. 

 on: January 04, 2014, 04:41:51 PM 
Started by Dolphin - Last post by Dolphin
I have looked and am still looking all over for case law favoring sole proprietor or independent contractor for exempt status against a wage garnishment. I read on an attorneys wed page where he talks about this and says Florida, especially the Middle district of Florida has a lot of favorable case law where the court has ruled in favor of wage exemption for the independent contractor. The attorney page did not provide any of the case law though. I would love to find some case law to help me with my hearing coming up for my claim of exemption.

 on: January 03, 2014, 09:41:26 AM 
Started by Dolphin - Last post by Dolphin
Hello Everyone,

I filed a claim of exemption to a writ of garnishment I received here in Florida, I then received an opposition answer filed by the plaintiff stating they deny my allegation set forth in the Claim of Exemption and states the retained funds are not exempt property. My 15 minute hearing is set for Jan. 23rd.

My question is what to expect at the hearing, do I need to bring proof to defend myself? If so what do you think I need to bring for the judge to see. Or is it enough that I filed the Claim of Exemption and the hearing is more like a question and answer type thing. I just don’t know what to expect and I certainly want to be prepared! I am a sole proprietor, head of household, and my wife is disabled and does not work.

My bank account is under my business name and is the only account I have. When they garnished my acct. it shut down my business. I cannot deposit money nor take money out to operate my business or living reasons. Any help would be greatly appreciated.

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