Florida Collection Laws

What can you tell me about Florida's statute of limitations rules for credit cards, and Florida's collections law?

I am confused about Florida Title 8, Chapter 95, which covers Florida's statute of limitations. What is the statute of limitations for credit cards? What can you tell me about Florida's collection laws?

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  • The Florida collection laws allow for wage and bank levies.
  • A creditor cannot seize a Florida resident's home.
  • Foreclosure takes five to six months in Florida.

A collection agent or law firm that owns a collection account is a creditor. A creditor has several legal means of collecting a debt. But before the creditor can start, the creditor must go to court to receive a judgment. See the Bills.com resource Served Summons and Complaint to learn more about this process.

The court may decide to grant a judgment to the creditor. A judgment is a declaration by a court that the creditor has the legal right to demand a wage garnishment, a levy on the debtor’s bank accounts, and a lien on the debtor’s property. A creditor that is granted a judgment is called a "judgment-creditor." Which of these tools the creditor will use depends on the circumstances. We discuss each of these remedies below.

Wage Garnishment

The most common method used by judgment-creditors to enforce judgments is wage garnishment, in which a judgment creditor would contact the debtor's employer and require the employer to deduct a certain portion of the debtor’s wages each pay period and send the money to the creditor.

n most states, creditors may garnish between 10% and 25% of your wages, with the percentage allowed determined by state law. Garnishment of Social Security benefits or pensions for consumer debt is not allowed under federal law, but may be allowed for child support. See the Bills.com Wage Garnishment article to learn more.

Florida’s Garnishment rules are found in Title VI, Chapter 77. In general, Florida follows the federal rules for the amount of a garnishment, which allows up to 25% of a worker’s wages to be garnished. For exemptions, Florida Title XV, Chapter 222 defines earnings and what is considered exempt. See the Dept. of Labor's Employment Law Guide - Wage Garnishment and the Dept. of the Treasury’s Answers About Garnishments. Municipal and state employees may be garnished.

Generally speaking, 401(K) or other retirement funds are exempt from garnishment. It is advisable to have those funds deposited into a separate bank account if you are concerned about garnishment on those payments.

Levy Bank Accounts

A levy means that the creditor has the right to take whatever money in a debtor’s account and apply the funds to the balance of the judgment. Again, the procedure for levying bank accounts, as well as what amount, if any, a debtor can claim as exempt from the levy, is governed by state law. Many states exempt certain amounts and certain types of funds from bank levies, so a debtor should review his or her state’s laws to find if a bank account can be levied. In some states levy is called attachment or account garnishment. The names may vary but the concept is the same.

In Florida, a levy (called attachment) is allowed under Title XXXIX, Chapter 679.2031. Levy is allowed if the plaintiff possesses a a writ commanding the sheriff to seize and sell as much of a debtor’s property as is necessary to satisfy a creditor’s claim.

If you reside in another state, see the Bills.com Account Levy resource to learn more about the general rules for this remedy.

Lien

A lien is an encumbrance — a claim — on a property. For example, if the debtor owns a home, a creditor with a judgment has the right to place a lien on the home, meaning that if the debtor sells or refinance the home, the debtor will be required to pay the judgment out of the proceeds of the sale or refinance. If the amount of the judgment is more than the amount of equity in your home, then the lien may prevent the debtor from selling or refinancing until the debtor can pay off the judgment.

Florida allows a lien for a money judgment. Under Title XL, Chapter 713, mechanics and contractors (and similar laborers and professionals) a have the right to place a lien on a property. This also includes creditors for unsecured debt (credit cards, auto loans, etc.), see Florida law Title XI, Chapter 55.10.

A judgment-creditor may not seize a judgment-debtor’s residence under Florida law.

If you reside in another state, see the Bills.com Liens & How to Resolve Them article to learn more.

Florida Statutes of Limitations

The statute of limitations is governed by Florida Title VIII Limitations, Chapter 95.11. The statute of limitations on consumer issues are as follows:

  • Open account (i.e., credit card): 4 years (Florida 95.1(p))
  • Written contracts: 5 years
  • Real property actions: 7 years
  • Foreclosure: 5 years
  • Foreign judgments: 5 years
  • Domestic judgments: 20 years

ollection agents violate the FDCPA if they file a debt collection lawsuit against a consumer after the statute of limitation expired (Kimber v. Federal Financial Corp. 668 F.Supp. 1480 (1987) and Basile v. Blatt, Hasenmiller, Liebsker & Moore LLC, 632 F. Supp. 2d 842, 845 (2009)). Unscrupulous collection agents sue in hopes the consumer will not know this rule.

Florida Foreclosure

Florida foreclosure laws are found Title XL, Chapter 702 to learn more about the rules surrounding foreclosure in this state, including deficiency balances (Chapter 702.06). To learn how to prevent foreclosure in Florida, see the Bills.com resource Florida Mortgage Foreclosure & Short Sale.

Florida Usury Law

See the Bills.com resource Florida Usury Law to learn the maximum interest rate that can be charged a consumer in Florida.

Florida Payday Loan Collection

See the Bills.com resource Payday Loan and the FDCPA to learn how Florida law protects consumers of payday loans.

Florida Collection Agency Law

The Florida Consumer Collection Practices Act (FCCPA) mirrors the federal Fair Debt Collection Practices Act, and adds two elements not found in the FDCPA:

  • Original creditors must follow the FCCPA's rules when collecting a delinquent debt.
  • Collection agents, but not original creditors, must be registered with the Florida Office of Financial Regulation

Violation of the FCCPA is not a crime, but opens a collection agent or original creditor to a civil action (a lawsuit). Consult with a lawyer to discuss filing a civil lawsuit if you have been victimized by a collection agency. Some lawyers take these cases on a contingency basis, which means no out-of-pocket costs to you. Also, file a complaint with the Florida Office of Financial Regulation and the federal Fair Trade Commission.

See Florida § 559.55 to 559.785 to learn more about the Florida Consumer Collection Practices Act.

Florida Spouse's Debt Liability

When it comes to family law, Florida is a common law state. Generally, the property acquired by each spouse during marriage is presumed to be separate property. The exception is for property purchased jointly, which is considered jointly owned property. Each spouse's separate debt is their own, and creditors cannot pursue the other spouse for payment. Exceptions to that rule apply.

The Florida Supreme Court abolished the doctrine of necessaries in 1995 (Connor v. Southwest Florida Regional Medical Center, Inc., 668 So. 2d 175 (Fla. 1995)). This means spouses do not have liability for the expenses incurred by the other spouse for their necessary care, such a medical debts.

Recommendation

Consult with a Florida attorney experienced in civil litigation to get precise answers to your questions about liens, levies, and garnishment in Florida.

I hope this information helps you Find. Learn & Save.

Best,

Bill

Bills.com

99 Comments

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  • 35x35
    Mar, 2013
    Sarah
    My fiancé and I retired and moved to Florida in August, 2011. Ex-wife has a Judgment dated '06 granting her one half of two pensions and a significant portion of another. Fiancé was in law enforcement. None of the pensions would recognize a QDRO. The house is held in my name only and all vehicles are in my name only. She has filed an Order to Show cause in Missouri and he was served yesterday. Hearing date is May 6, 2013. Obviously we do not intend to attend. I feel we need the advice of an experienced asset protection attorney. Is this an area you practice in? My fear is that she will register her Judgment here and try to incarcerate him for contempt. Please let me know if this is something you could advise us on and if so, your rates. Thanking you in advance,
    0 Votes

    • 35x35
      Mar, 2013
      Bill
      Bills.com offers general information, and none of the staff are licensed to practice law in Florida or Missouri, so we are incompetent to represent you or your spouse.

      We urge you to consult with a Missouri lawyer who has family law experience immediately. If your fiance fails to appear or be represented at the hearing, the court will have no choice but to issue a default judgment in favor of of the other party, which is not in your fiance's best interest. Obviously, we know very little about your situation, but it is possible the Missouri court has no personal jurisdiction over your fiance. If so, a Missouri lawyer may be able to argue for a dismissal of the case.
      0 Votes

  • 35x35
    Feb, 2013
    Frank
    Please read this. My husband had to be life-flighted because of an accident. Our $500 a month insurance covered $5,000 of the bill, and the remaining $18,000 is ours. Find out where your nearest trauma center is located. If you aren't close to it and you have an accident and are coherent, demand that you're taken by ground ambulance.
    1 Votes

  • 35x35
    Oct, 2012
    B
    I went back to take some courses at a Florida university about 12 years ago and took 4 or 5 courses in a spring semester. I recall paying for it (obviously you'd have to pay before they'd let you attend) but something happened and they sent me invoices for payment the following year which if I remember correctly I send them a copy of my cancelled check. 12 years later, yesterday, I get a call from a collection agent that I'm in collection as they just got my account. I don't keep cancelled checks for 10 years of more so I don't have that check plus the bank I used to bank with 12 years ago is long gone and out of business. Question, isn't there a statute that makes something like this noncollectable just if for no other reason the time which has elapsed? I'd love to find the Florida statute and send it to this collection agency. Thanks.
    0 Votes

    • 35x35
      Nov, 2012
      Bill
      First, validate the debt. Act quickly because there is a time-limit for doing so. If the collection agent cannot validate the debt, then it may not collect it.

      Second, if the collection agent can validate the debt, consider consulting with a lawyer who has consumer law experience. Discuss the idea of filing a motion with a local court asking for a declaration the debt is void based on the circumstances you described.
      0 Votes

  • 35x35
    Oct, 2012
    Pay
    I am a resident in the state of Florida who had a foreclosure in 2008 and a mound of credit card debt that have not had any payments/activity since 2008. I want to rebuild my life and want to know when and how to remove these debts from credit report other than repayment as I have been unemployed and want to wait out the time instead of paying it back. Bankruptcy is not an option. Also, Will I need to contact the 3 credit bureau s once the statute of limitations expires or do the debts drop off reports automatically by a certain time?
    1 Votes

    • 35x35
      Oct, 2012
      Bill
      Derogatory accounts appear on a consumer's credit report for up to 7½ years after the date of first delinquency. Get a copy of one of your credit reports to see the date of first delinquency for each of the accounts in question. See the Bills.com article Fair Credit Reporting Act to learn more about what can appear in your credit report. See also How to Read a Credit Report to learn more about credit reports.

      You mentioned your state's statute of limitations and how it impacts your credit report. The two are separate and independent of each other. Your state's statutes of limitation are set by your state legislature and governor. The FCRA and its rules for what and how long something can appear on your credit report are federal laws.

      There is a tiny amount of cross-over between credit reports and a state statute of limitations, and that pertains to how long judgments may appear on a credit report. You did not mention a judgment so your state's statute of limitations has no bearing on your credit report.

      Just because a debt does not appear on a credit report does not mean the debt is forgiven, resolved, or otherwise invalid. Also, in all but two states, the passing of a state statute of limitations does not mean the debt is no longer collectable. Read the Bills.com statute of limitations resource to learn more.
      0 Votes

  • 35x35
    Oct, 2012
    Julie
    I am having issues with my student loans. I graduated in May 2007 and have accrued over $150K in student loan debt. I currently pay a huge chunk a month to my federal loans, perkins loans, and one private lender. I do however have an issue with NCT ( a private lender). I tried to be reasonable with them years ago to come up with a payment that fit my budget but they wouldn't work with me. I then lost my job and was unemployed for awhile so they defaulted. Now I'm back on my feet and somehow, I haven't heard anything from them in years, and now they've tracked me to my new employer. We are not suppose to receive calls at work, so this is most aggrevating. My concern is since I defaulted on them, can they garnish my wages without me knowing it first? Or can they take me to court? I owe NCT roughly $35k but broken into about 5 different loans stretching back from 2000-2004 when I was a resident of Pennsylvania. I currently live in FL for the past 5 years. I tried bankruptcy but I was told I couldn't do it for my student loans. Like I said, it is hard enough to pay my current student loans along with normal rent and utilites...
    0 Votes

    • 35x35
      Oct, 2012
      Bill
      Reread the original article above to get a general overview of your rights and liabilities as a Florida resident.

      The Dept. of Education (and other federal agencies) have the right to an administrative wage garnishment of your wages. Private student lenders must file a lawsuit against you. If you mount no defense, or an ineffective defense, the court will give the creditor a judgment. As discussed above, with a judgment in hand, the judgment-creditor can ask for a wage garnishment, account levy, and property lien. Read the Bills.com article Stop a Wage Garnishment Related to Student Loans to learn more.
      0 Votes

  • 35x35
    Jul, 2012
    roxanne
    I signed a auto contract at a buy-here-pay-here dealer in Florida in July of 2007. After 3 days, the engine cut off and I realized there was no oil in it at all. I called the salesman and set up a date to bring it back to get checked out. Before I could make it to get looked at, I was rear-ended 10 days later. As a result to rear damage the car was in the body shop for body repair. I got the car back from body shop in September 2007. After getting it back from rear repairs and only driving it for a week the car stopped working. I took it to a repair shop that stated the rods in the engine was gone and the engine needed to be replaced and this was a condition that happened over time and couldn't happen within 2 months (time Ii had it). I contact the dealer and explained the information and they wanted to charge me for repair, I did not agree because I only had car for 2 months in which I had only driven a total of 3 weeks because it was in the shop for bumper repairs. I contacted bay area legal, bay news 9 and BBB (Better Business Bureau) because this was a predisposed condition to the car and they knowingly sold me a lemon. Bay area legal contacted the auto company and stated we needed a resolution. The general manager and I formed a verbal agreement where they would take the car back and that I wouldn't be responsible and wouldn't go on my credit. Now after 3 years the dealer reported on my credit that I owe the remaining balance of the loan. Can they do this legally?
    0 Votes

    • 35x35
      Jul, 2012
      Bill
      A spoken contract has all of the legal weight of a written contract. Therefore, the answer to your question is, "No, the dealer cannot violate the terms of your contract." People in business sometimes have saying like, "Verbal contracts are no good," and "Get it in writing." That is because a written contract is easy to prove and not subject to the whims of the parties' memories. Your challenge now is to convince the management of the buy-here-pay-here dealer it agreed to waive the deficiency balance and not report it to the credit reporting agencies. Put together your notes of the chain of events that transpired, including the final conversation you had with the general manager and write a letter to the dealership asking firmly but politely to remove the derogatory account from your credit report. Write several drafts of the letter to hone it down to relevant facts and arguments, and make it clear exactly what you want.

      For the benefit of other readers, it is always a good idea to bring a vehicle you contemplate buying to a trusted mechanic for a thorough examination.
      0 Votes

  • 35x35
    Jul, 2012
    Melissa
    I am in the state of Florida, and used to own a business. I had a judgement placed on me in 2007, in relation to a written contract (credit card machines). This judgement originated in the state of New Jersey. This past week, the leasing company levied my personal checking account and a savings account I have jointly with my husband. Is this legal-hasn't the statute of limitations for written contracts been reached?
    0 Votes

    • 35x35
      Jul, 2012
      Bill
      You mentioned a court in New Jersey entered a judgment against you. You mentioned you reside in Florida. A Florida court would consider New Jersey judgment a foreign judgment. As mentioned in the original answer above, the statute of limitations in Florida for a foreign judgment is 5 years. Therefore, the answer to your question is found in the details of your situation.
      • Exactly what date in 2007 did the New Jersey judge sign the judgment?
      • Exactly what date this year did the judgment-creditor file the domestication request with a Florida court?

      The answers to these two question will tell whether the judgment-creditor made or missed Florida's deadline. Consult with a Florida lawyer who has civil litigation experience for help in answering these questions.

      0 Votes

  • 35x35
    Jul, 2012
    Tiffany
    Back in 2009, I tried to work out a payment plan for my credit card debt, the company would not help me at all. I was fixing to give birth to my daughter and finances were tough. Well I have not paid on this credit card since. I have tried a couple other times to work something out but nobody would listen to me fully so I have since stopped trying. Well i got a letter today saying that in august if i dont repay my account will be handed over to an attorney. Right now i am a stay at home mom, have no income coming in, my house is in my husbands name, i am a secondary person on my car loan, but besides the bank account that is the only think my name is on. Since, I don't have a job can they really take my car to satisfy the loan amount?
    0 Votes

    • 35x35
      Jul, 2012
      Bill
      The answer to your question depends on your circumstances, state law, and level of aggressiveness of the creditor. You indicated you are a Florida resident. Reread the answer above and in particular, focus on the Lien section. Consult with a lawyer in your state who has consumer law experience. He or she will discuss your options. Consider negotiating a lump-sum settlement of the debt.
      0 Votes

  • 35x35
    Apr, 2012
    jeff
    In Florida, If I lose a judgment and the attorney fees are way more than I can pay, can they go after my children's accounts which does have money from their grandparents. I am joint on their accounts.
    0 Votes

    • 35x35
      Apr, 2012
      Bill
      Yes, for the reason you mentioned in the last sentence in your message. Change these accounts so some other adult in your children's lives you trust is the custodian of these accounts.
      0 Votes

    • 35x35
      Apr, 2012
      jeff
      the kids accounts are minor/student accounts and the bank said they would not be subject to a levy. do think they are mistaken? also I have a brokerage account that I could put the money in. Would this help? I just don't have any adults close to me in that manner for this situation. Also, does it cost the person doing the levey money?
      0 Votes

    • 35x35
      Apr, 2012
      Bill
      Consult with a Florida lawyer who has consumer law experience to learn a definitive answer about a creditor's right to levy joint bank accounts in your state. I recited the general rule of thumb, which may not be the case in Florida.

      In all cases I know of banks add insult to injury by tacking on a levy fee when a judgment creditor levies (called a bank or account garnishment in some states) an account.

      Moving your children's funds to another one of your accounts is a bit like playing whack-a-mole. Brokerage accounts do not have any special immunity from account levy.

      Which takes me back to the beginning: Consult with a Florida lawyer to learn what rights your minor children have in protecting accounts where you are listed as the custodian.
      0 Votes

  • 35x35
    Apr, 2012
    Dave
    The North Carolina Department of Revenue recently levied my personal bank account for supposedly owing state taxes in 2005. My past employer inadvertently filed a NC tax ID on my W2 for that year. Even though my address listed on the W2 was exempt from any state taxes and the fact I never worked in the state, NC proceeded to garnish funds based on a technical error. After hundreds of calls and many hours devoted to resolving the issue, NC reluctantly canceled the levy and now I’m still waiting on Wells Fargo to return funds including the bank processing charges WillFU assessed my account to hand over my money to NC. Can I sue anyone for this nightmare like the NC DOR, my bank or past employer? How can other states freeze assets on a Florida resident without any warning?? How does NC have that authority to levy a bank in Florida? What about statute of limitations, state reciprocity, taxpayer rights, due processing, WTF??? How was that legal?
    0 Votes

    • 35x35
      Apr, 2012
      Bill
      Consult with a lawyer in your state who has consumer law or tax law experience to learn if you have a cause of action against the state. Do not delay, as most states have time-limit rules for when these actions can take place.
      0 Votes

  • 35x35
    Apr, 2012
    Harry
    I recently won a judgment in Florida. The defendant owns clear title to a motor vehicle. The title is in his name "or" his mother's name. Can I legally put a lien on the vehicle and/or have it auctioned off to satisfy the debt.
    0 Votes

    • 35x35
      Apr, 2012
      Bill
      I am reluctant to offer answers to specific questions about collecting on judgments. Consult with a lawyer in your state who has civil litigation experience. The laws of remedies are precise, and it is easy to miss a step in the collections process and scuttle all of the work that went into obtaining the judgment.
      0 Votes

  • 35x35
    Apr, 2012
    Cora
    I live in Florida and last week tried to apply for a home mortgage as a first time home buyer. I got a reply back from the mortgage company stating I had a judgment on my credit for a vehicle loan. This vehicle was awarded to my ex in our divorce and he let it go back. I have never received any form of notifications related to this matter. About 5 years ago my bank account had a lien placed on it and all of my money was taken out of my account. I contacted the bank with whom the loan was taken out and a week later they returned my funds because they had never sent me any letters regarding collections or any court hearings. 10 years later this is still showing up on my credit which is stopping me from buying a house. Shouldn't this be past the statue of limitations and removed from my credit report?
    0 Votes

    • 35x35
      Apr, 2012
      Bill
      Under the Fair Credit Reporting Act, most derogatories can appear on a credit report for 7½ years from the date of first delinquency. However, judgments can appear for 7 years or the life of the judgment, whichever is longer.

      Was there a judgment? If yes, what is the life of a judgment in your state? See the Bills.com resource Statute of Limitations Laws by State to learn the life of a judgment in your state.
      0 Votes

  • 35x35
    Apr, 2012
    Rebecca
    A had a credit card that was charged off back in 2009. A collector purchased the debt from the original creditor. I attended a hearing today as the plaintiff filed a judgment against despite my attempt in resolving the issue outside of the courtroom. The judge ruled in their favor as i never denied the debt, i simply disputed the total amount owe and my inability to pay. Although the judge ruled in their favor he set the interest rate at 4.75% from 22% and advised me to do the best i can in paying the judgment. I asked the judge if there is a specific payment amount and he advised me to pay whatever i can and whatever i want. With this said, what happens next?
    0 Votes

    • 35x35
      Apr, 2012
      Bill
      Reread the original article above to learn the basics of Florida's rules for collecting on a judgment. The judgment-creditor wants what the court awarded. If the two of you do not agree to a payment plan, the judgment-creditor can take the actions we discuss above.

      I realize you asked a specific question, but I cannot provide a detailed answer. Look at your household budget. Start a negotiation and explain to the judgment-creditor what you can afford to pay.
      0 Votes

  • 35x35
    Mar, 2012
    JOHN
    I was in an accident back in August 2009 and was transported to the Hospital via County Fire Rescue and have now received a collections notice for $467.50. I live in Miami-Dade county in Florida, can someone please tell me how long they have to collect?
    0 Votes

    • 35x35
      Mar, 2012
      Bill
      If I may rephrase your question, "What time limit does a medical provider have in Florida to invoice a patient or financially responsible party?" I confess I do not know the answer to your question. It seems unreasonable for a provider to wait almost three years before sending its first bill to a patient. (As a practical matter, how does a business remain viable if it waits three years before billing its customers?)

      Readers, I welcome your sharing the Florida rule here by clicking on the Reply button below.
      0 Votes

  • 35x35
    Mar, 2012
    R
    My father was part owner of a convenience store in Florida. The store was sold in 2007/2008 and shortly there after, he passed away from cancer. We are now being called by a collections agency for an outstanding balance form a Corporate card to Sams Club for a large sum of money. My mother's name is no where on any part of the business ownership and she actually was not aware of this card or this outstanding balance. Can she be held liable for this outstanding amount when her name was not part of the business and she had no idea those charges were being made?
    0 Votes

    • 35x35
      Mar, 2012
      Bill
      Please see the Bills.com resource Am I Liable for My Deceased Spouse's Debts? to read a discussion of the issues you raised in your question. Please ask any follow-up questions you may have on the page I just mentioned.
      0 Votes

  • 35x35
    Mar, 2012
    james
    In 2002 I sold a mobile home in SC and moved to Florida. I had a clear title and paid in full contract that came from the loan company but I eventually found out the loan company did not remove the lien with the DMV in SC. In 2010 I was told the title was lost and I needed to file a lost title form with SC. I first thought this was a scam or something but eventually did get a replacement title after I was sued for Breach of contract. I think I have lost by default because I don't know anything about law in SC Common Pleas Court, especially between two states, never been sued. Since I gave the replacement contract the lawyer is now suing for his fees. Can I get my expenses from the lawyer that lost the contract? Or the loan company that did not remove the lien against the title even though they gave me a clear title and showed the contract paid in full they maintained a lien after the original loan was paid? Is this something that can even be done in Florida? I am living on retirement SS only and don't have much money to fight big business or pay lawyers fees without great financial difficulty but I still would like to have justice.
    0 Votes

    • 35x35
      Mar, 2012
      Bill
      You need more help than anyone can offer in a Web posting or e-mail message. Consult with a Florida lawyer about your case immediately, and learn what cause of action you may have against the negligent finance company in South Carolina.
      0 Votes

  • 35x35
    Mar, 2012
    Jesie
    late 2009 we move to NC and early 2011 we moved back to Fl. We owe state tax in NC because of financial reason we arent able to pay it off. But we tried to contact them if we could just pay half of what we owe and they said no. And now they took money from our bank acct. and we are in trouble right now because I dont make enough money, live thru pay check to check. Can I still call the NC state Rev. of if they could lower the money there taking from my acct.? I just file the Federal Tax and expecting a small refund, the NC state Rev can claim my federal refund? does NC state take money from bank acct monthly or every 2 weeks because i got paid every 2 weeks?
    0 Votes

    • 35x35
      Mar, 2012
      Bill
      Call the NC Dept. of Revenue and try to set up a long-term payment plan. If you can't pay what they demand you pay, speak to them about Not Collectible status. Ask to make a financial disclosure, listing your income, monthly living expenses, and assets, to see if you fit within the NC rules for a financial hardship. Not Collectible does not wipe out the debt, but it does stop collection efforts.

      You can also speak to them about an Offer in Compromise, where they accept less than is owed. The OIC is a formal application, whereas it sounds like you previously simply asked them if they would take less than you owed.

      Your federal refund is definitely at risk for being seized. In terms of bank levies, my understanding is that each levy is a one-time order, but that the state can keep issuing new levy orders.
      0 Votes

  • 35x35
    Feb, 2012
    catherine
    I have medical debt for services provided to my daughter in march 2009 and it was "sold" to a debt collection agency/lawyer's office. There was never a judgement against me, but the hospital did not want to give me an option to pay monthly for it, even though prior to all her services I told them I wanted to make sure it was covered. Anyway it's going on 3 years now and I am paying 75 a month, is there a not a statute of limitations because I am paying the debt collector? I'm confused because I'm not paying memorial hosp, but I am paying them. It's just getting really difficult for me-divorced w/2 kids hours cut at work only made 14,000 last year.
    0 Votes

    • 35x35
      Feb, 2012
      Bill
      The statute of limitations for a debt resets every time you make a payment, regardless of your paying the original creditor or a collection agent. See the Bills.com Debt Coach service for a no-cost, no-nonsense, instant analysis of your situation.
      0 Votes

  • 35x35
    Jan, 2012
    Julissa
    I use a dietician service on February 2010. The dietician was supposed to provide me with a letter so that I can get reimburse by my insurance company (80% reimburse to me.) However, he never responded to my phone calls, and email. The due date to submit paperwork was 12/2011. Can I sue for the amount that I was supposed to be reimbursed?
    0 Votes

    • 35x35
      Feb, 2012
      Bill
      Did you have a written or spoken contract with the dietitian service where it promised to provide the letter you mentioned? If so, then I think you have an excellent cause of action against the dietitian service. If there was no spoken or written contract, I do not see a case for you. Consult with a lawyer in your state to get a deeper analysis of your situation.
      0 Votes

  • 35x35
    Nov, 2011
    Jacquelyn
    In 1996, I had a gym membership in NY. The item was on my credit report and then dropped years ago. Recently I joined another gym (Florida) not affiliated with that one. I received a voicemail saying I owe this collection agency money. Do they still have a right to try to collect this old debt or even place it BACK on my credit report? Does a statute of limitations apply?
    0 Votes

    • 35x35
      Nov, 2011
      Bill
      Let us look at the facts and terms you mentioned, and others that were implied:
      • Statute of Limitations. Just because a statute of limitations has passed does not mean a creditor may not collect a debt, except in Wisconsin. The passing of a statute of limitations gives a defendant in a lawsuit an affirmative defense, and nothing more. See Statute of Limitations to learn more.
      • Time and Credit Reports. Seven and a half years is how long most derogatory items can appear on a consumer's credit report file. The 7½-year rule has nothing to do with charge off. It does not determine whether the debt is collectible. It also has nothing to do with a state's statute of limitations. See the Bills.com resource Fair Credit Reporting Act to learn more about what can appear on a credit report and for how long.
      • Charge-off / write-off. An accounting term that means a creditor moved an account from its current-accounts book to its general ledger as a bad debt. It does not mean the account is canceled, forgiven, or extinguished. See the Bills.com resource Charge Off for a more complete discussion of this oft-misunderstood phrase.

      A collection agent or original creditor working on a debt older than a state's statute of limitations may contact the consumer to attempt to collect the ancient debt (except in Wisconsin). It can even file a lawsuit against the consumer. However, the consumer has an affirmative defense if there is such a lawsuit.

      My advice? The next time the collection agent calls, gather all of the contact information you can about the collection agent and then validate the debt.

      0 Votes

  • 35x35
    Nov, 2011
    jim
    Much of the research for Florida statue of limitations states that court judgments are within 20 yrs for domestic and 5 yrs for foreign but on this site it states Florida Statutes of Limitations The statute of limitations is governed by Florida Title VIII Limitations, Chapter 95.11. The statute of limitations on an open account (i.e., credit card) is four years (95.1(p)), written contracts have a five-year statute of limitations; real property actions must commence within seven years whereas foreclosure is five years, foreign judgments are valid for five years, and domestic judgments are valid for seven. Can you please clarify for me?
    0 Votes

    • 35x35
      Nov, 2011
      Bill
      Thank you for pointing out our error in reporting Florida 95.11, which we corrected in the answer above. This is a good opportunity to remind readers that even though we strive for accuracy, we make mistakes in reporting or interpreting the law. The information here is intended to help consumers understand their rights and liabilities, and it is no substitute for legal advice offered by a local lawyer who can interview you, ask probing questions, review the evidence first-hand, and offer advice tailored to your situation and state laws.
      0 Votes

  • 35x35
    Oct, 2011
    Bob
    If I have a signature student loan that will go into delinquency what are the proactive steps I can take at this point, considering I cannot afford to pay the full monthly amount to Sallie Mae? Should/Can I negotiate with the guarantor of the loan (Hemar Ins Corp)?
    0 Votes

    • 35x35
      Oct, 2011
      Bill
      See the Bills.com resource Repaying Student Loans for a discussion of your options. Ask any follow-up questions on that page.
      0 Votes

  • 35x35
    Sep, 2011
    Norma
    I have a judgment against me for $8,000 that I owe on a water softener . It is attached to my house. Can they put a lien on my place? They say that it was a secured loan. I have offered to pay $35.00 per month and the attorney for them said he would have to get with them to see if they will accept it. My husband passed away and I live only on my social security check.
    0 Votes

    • 35x35
      Sep, 2011
      Bill
      As the discussion in the original answer above explains, a judgment may lead to a lien. The lien will not cause you to lose your home.

      I believe they will accept your offer, as a judgment-creditor may not garnish Social Security benefits. If that is your sole source of income, they may have no recourse to collect. Make sure that any bank account is safe from garnishment. Talk to your bank about noting that your funds are solely from Social Security (if that is the case) and to clarify whether a judgment-creditor can pursue your bank account. As long as there is less than two times the amount of your monthly Social Security check, your account should be safe.
      0 Votes

  • 35x35
    Sep, 2011
    Lilian
    I have a court order saying...the defendant's claim of exemption is granted.. the writ garnishment is hereby dissolved, any monies held by garnishee are to be released immediately to the defendant...done and ordered in chambers...orlando 16 of july 2010...my question is: The plaintiff is requesting me an interrogatories in aid of execution again, is legal for them to ask me for my tax return? and for how long they can do this? do I need to provied this information, or let the plantiff take me to court again and find out Iam still the head of my household?...is this consider harassment? what can I do? thanks
    0 Votes

    • 35x35
      Sep, 2011
      Bill
      Your question is specific to Florida law and I don't know the exact answer.

      My guess is that judgment creditor may be allowed to check on a periodic basis as to whether or not your financial situation has changed. Perhaps they check periodically for as long as the judgment is valid.

      I recommend asking your questions to a Florida attorney.
      0 Votes

  • 35x35
    Aug, 2011
    Wendi
    I have a judgment against me from Asset Acceptance, from back in 2007. This morning my husband checked our bank account because he was supposed to get paid today. There is a hold on our account for the amount of his entire paycheck, which we need desperately. I am a stay at home mom with 2 little kids at home and my husband is the sole bread winner of the household. I understand that because my name is on the account, that that is why they went after it. What I want to know is there any way to refute this since it is my husbands income and I have absolutely no money in that account?
    0 Votes

    • 35x35
      Sep, 2011
      Bill
      Did the levy hit before or after his paycheck was deposited? If it hit before, even though there is a levy on the account, funds deposited after the levy are not subject to the hold.

      To avoid this happening again, your husband should have his own bank account.

      For now, I fear that it is too late to do anything, but you can try contacting the court that issued the judgment and explain your situation.
      0 Votes

  • 35x35
    Aug, 2011
    Terrance
    I have a final judgment against a person, signed by a judge! It states that I, the plaintiff, shall recover from the defendants, the sum of $1,210, plus costs of $165.50, that shall bear interest at the rate of 10% per year, for all of which let execution issue. DONE AND ORDERED, in Chambers, Florida, this April 1, 1998. How do I handle this judgment and collect on this? Thank a lot for your help in this matter!!!
    0 Votes

    • 35x35
      Aug, 2011
      Bill
      Judgments don't last forever. Fortunately for you, judgments in Florida last 20 years, so even though it is more than 13 years ago that the judgment was obtained, it still should be valid.

      You may be able to get a garnishment order against your judgment-debtor's wages or levy a bank account.

      Realistically, given the long time that has passed, you may have trouble locating the debtor. I recommend contacting an attorney that specializes in debt collection. He or she will have tools for tracking down the debtor and use the most effective means within the law to extract payment. You will probably pay a percentage of your debt to get the attorney's help, but that is better than not getting anything.
      0 Votes

  • 35x35
    Aug, 2011
    Christi
    I recently noticed that $1,030.70 had been deducted from my account; after feverishly searching out where my money had been sent to, I learned that one of the persons that was a "signer" on my account had a judgement placed against them. I pleaded with the bank of this not being their money but having them on the account was for emergency purposes only. The bank employee stated that he knew the funds did not belong to this person, however the bank had legal right to the funds since the person was connected to the account. Is this legal, is there no "loop-hole" for the innocent bystander, and can they continue to draw from my account or others that this person has attachment to?
    0 Votes

    • 35x35
      Aug, 2011
      Bill
      When you share a bank account with someone, if that person has a judgment against him or her, the money in the account is at risk of being taken in a bank levy.

      The bank freezes the funds in the account for a period of time, before remitting them to the creditor. It may be possible to contact the court that issued the levy and get your money back, but you probably would have to prove that all the funds in the account were from your income.

      The levy is a one-time order, but the creditor can obtain another levy. You should open an account in your name only ASAP.
      0 Votes

    • 35x35
      Aug, 2011
      Christi
      What if your account was never frozen, and there was not a notification from the bank this had been done? Are all of the other bank accounts that this person has their name on in jeopardy?
      0 Votes

    • 35x35
      Aug, 2011
      Bill
      Any account on which the judgment-debtor is listed is at risk.

      I believe that the funds, up to the judgment amount, were frozen. Freezing does not mean that the account can't be used. It means that the funds specified on the levy are held by the bank for a period of time (for an IRS levy it is 21 days, for example) and then remitted.
      0 Votes

  • 35x35
    Aug, 2011
    Alfredo
    What type of debt is an unpaid insurance premium payment? I somehow missed a payment and recently noticed it on my CR, it's from 2007... The SOL in FL for Verbal (4 years) for Written (5 years) what type of debts would this fall under? what should be the next step... Call the CA and say hey the SOL limits you and drop it from my CR? Thanks,
    0 Votes

    • 35x35
      Aug, 2011
      Bill
      A state's statute of limitations, and the federal rules that regulate the behavior of the consumer credit reporting agencies (commonly called credit bureaus) have almost zero relationship to each other. Under the Fair Credit Reporting Act, derogatory entry on a credit report can appear for 7½ years (or longer in some instances) from the date of first delinquency. A state's statute of limitations determines at what point a debtor can use an affirmative defense to ask the court to dismiss a debt collection case due to its age.

      Your mixing the statute of limitations and the FCRA 7½-year rules is a common misunderstanding.
      1 Votes

  • 35x35
    Aug, 2011
    Erin
    I have credit card debt dating way back to 2001, but have out of the blue received a phone call with notice in the mail that I owe $33k when the original amount owed was $10k. It is way past the statute of limitations. I have called the original debtor and they have no record of my SSN owing any money to them nor have I had any judgements placed against me. The company is Commercial Recovery Systems and after doing some research online, it seems as if they have harassed more than one person. How do I know if this debt is truly due?
    0 Votes

    • 35x35
      Aug, 2011
      Bill
      First, validate the debt. You may have no liability for the debt if the creditor or collection agent cannot validate the debt. Here, it appears the original creditor all but told you it cannot validate the debt.

      Second, if and only if the collection agent validates the debt, then consider your debt resolution options. Go to the Bills.com Debt Coach for a no-cost, no-gimmick, online analysis of your options.
      0 Votes

  • 35x35
    Jul, 2011
    Chanel
    The statue of limitation on forclosure is five years to collect any debt... 5 years from what? The first month it wasnt paid?
    0 Votes

    • 35x35
      Jul, 2011
      Bill
      Depends on the state's law. In some states the key date is the last payment. In others it was the date the last payment was due. Consult with a lawyer in your state to learn the precise rule that applies to you.
      0 Votes

  • 35x35
    Jun, 2011
    Chloe
    I live in Florida & have a monetary judgment against me from a prior marriage w/out children or assets, we had marital debt. I am required to pay the former husband on the debt. However I am not working and have not been working for a year. Could he seize my current husbands assets ,bank account & pay checks if its not in my name, only in his because were married? And what about our income tax refund if I don't work for the year, but my current husband claims me & our children, could the former husband take our refund, that would include my current husband & my children's return.
    0 Votes

    • 35x35
      Jun, 2011
      Bill
      Florida is a common law family law state, so community property laws do not apply to Florida residents. In common law states, spouses have separate property and debt liability. One spouse's debts are not the liability of the other spouse.

      Federal income tax returns are not subject to garnishment by private judgment creditors. However, federal income tax returns are subject to seizure by state child support administrators for delinquent child support payments, and by the Dept. of Education for delinquent federal student loans.
      0 Votes

  • 35x35
    Jun, 2011
    faby
    I really really need some advice! I'm confused. In 2006 I was at my job and I went to the ER in New Jersey, they took my info, and did a lot of things to me, months after, $6,000 in bills, I went to the charity to apply, and they say they will handle it, I completely forgot. I moved to Miami in 2007. I keep receiving bills and bills until I received something from a court, telling me that I was being sued by the hospital. I talked to them and I agree on making payments, (at this point I assumed that the charity didn't approved me). One day I called them and I told them I couldn't make more payments because I was with no job at all, I've been unemployment since 2008, and besides that I spent more time in my country than here. I just came back couple of months ago, I was basically two years out of here and I find out I a civil judgment against me for that medical bill. Now I have no clue what I have to do, this is in New Jersey, I live in Miami since 2007, it was on 2006. I am about to buy an apartment cash here, so I would like to know how I could fight for that? If there's any help I could get? The apartment that I'm buying is about $20,000. I will sell my car to get the apartment, but now looking at this, I'm afraid I could go to jail or they could go into my checking account and take out the money.
    0 Votes

    • 35x35
      Jun, 2011
      Bill
      First, reread the original answer on this page above to understand the basics of your rights and liabilities as a Florida resident. Second, consult with a Florida lawyer to discuss the New Jersey judgment. Bring all of the documents relating to the debt to your first meeting. He or she will advise you if and how you can dispute the New Jersey judgment.
      0 Votes

  • 35x35
    Jun, 2011
    Cathy
    Bill: I have domesticated a judgement against my ex-husband who lives in Florida for court ordered spousal maintenance. If I were to levy his bank account, who is responsible for notifying of the levy -- the bank or me and what is the process for having the funds forwarded to me?
    0 Votes

    • 35x35
      Jun, 2011
      Bill
      I urge you to consult with a Florida lawyer who has experience in the law of remedies to learn the answer to your question. In most states, the law of remedies is very exact, and a judgment-creditor's improper execution of a judgment can scuttle the judgment completely. I realize this is not the answer you sought. However, I would rather give you a sincere non-answer than offer you incorrect information about what is a very precise and exacting area of law.
      0 Votes

  • 35x35
    Jun, 2011
    Anj
    I live in FL, we got a letter from the courts for Motion for Final Judgement. My husband was seriously hurt on the job and coudln't work. This bill wouldn't work with us, now this. This bill was in my husbands name only. Can they take my daughters truck (in my husbands name) or our tractor we use, both are paid for and really the only assets we have! I'm self employed and make very little, enough to keep food on the table and pay some of the bills! Can they take my money in my business account!? We have been trying to hard to get out of debt but Murphy won't move out of our house!!!
    0 Votes

    • 35x35
      Jun, 2011
      Bill
      Anything titled in a judgment-debtor's name is vulnerable to judgment-creditors. This would include a vehicle that is worth more than the judgment-debtor's state statutory limit for vehicles. If the state exemption for vehicles is $1,000 (to pick a number out the air) and the fair market value of the vehicle is $900, then the vehicle is exempt.

      You mentioned you reside in Florida. Florida is a common law state regarding family law. If the bank account you mentioned is in your name only, then your spouse's judgment-creditor may not get a levy for that account. See the Bills.com resources Florida Collection Laws to learn more about your rights and liabilities.
      0 Votes

  • 35x35
    May, 2011
    Nikki
    The mortgage on my rental property has recently been "charged off", what can I do know to get rid of this debt and who is the legal owner of the property? Me or the lender?
    0 Votes

    • 35x35
      May, 2011
      Bill
      Many people are confused by the term "charge-off." It is an accounting term, and has no legal significance to the debtor. In a nutshell, when an account is delinquent for 90 to 120 days, the credit must move the account from its current accounts book to its delinquent accounts book — that is all. It does not mean the debt is canceled, zeroed, forgiven, or no longer owed.
      0 Votes

  • 35x35
    May, 2011
    erich
    hello, i live in florida.after severe financial bad luck, and mis-management,i am in default for my student loans, and have been threatened with wage garnishment. i am pondering cashing out my pension, and using the money to put down on a home that my girlfriend is buying in her name ( i know, i know). is my pension cash-out allowed to be garnished? it would be for about $25k and would go a long way in getting into a new home and starting as fresh as i can.
    0 Votes

    • 35x35
      May, 2011
      Bill
      The totality of your message gives me pause. Obviously, I know nothing about your relationship or the people involved, but after reading the first 13 words in your message, your idea to take a retirement account distribution to fund your girlfriend's home purchase sounds especially short sighted and, well, doomed.

      If you wish to forge ahead, consult with a lawyer who has experience with contracts law. Ask the lawyer to draft a contract between you and the home buyer outlining your rights to recover the money you contribute to the purchase should you decide to part ways. If your friend is honest and trustworthy, she will have no hesitation to sign such a contract because honest people are unafraid to put what they promise in writing. If your friend pitches a fit or tries to convince you that a contract is unnecessary, then you have been given a glimpse into the future of your relationship, and it is all bad.

      I realize I have not answered your question. I did so intentionally because I really want you to consult with a lawyer about your situation.
      0 Votes

    • 35x35
      Aug, 2011
      Xixi
      I have a friend who owes court costs -does anyone know the statue of limitations in Florida for this? I am writing on her behalf because she is deathly sick in the hospital. Thank you.
      0 Votes

    • 35x35
      Aug, 2011
      Bill
      It is likely the case that there is no statute of limitations for this kind of debt.
      0 Votes

  • 35x35
    Apr, 2011
    Oscar
    Hey Bill, My parents own their home and there is an Adjustable Rate Mortgage on their second home, which is being rented out. I am afraid that if the second home were to go in foreclosure that my parents primary home would get a lien for the deficiency balance if they were to lose the second home. Can I put the primary house in my name so they do not lose the house...
    0 Votes

    • 35x35
      Apr, 2011
      Bill
      Take your parents to a Florida lawyer who specializes in wills, trusts, and estate planning. Ask them to explain their situation to the lawyer, and allow the lawyer to explain their options for insulating their property from potential judgment.

      Putting the title to their home in your name may protect them from a lien, but what would happen if misfortune befalls you and a judgment is filed against you? Then your parents may lose their home because of your actions and not theirs.
      0 Votes

  • 35x35
    Apr, 2011
    Teri
    My husband purchased a truck 3 mos. ago for $23K and needs to pay $433./mos for 5 yrs. He was just notified that he got laid off. Needless to say, he cannot pay the car, nor can I pay it for him. The car was purchased in his name only. What are the repercussions in the State of Florida if he voluntarily has the car repossessed? I understand a lien cannot be place on our home but what about his 401K, I understand they cannot touch it while it is in the 401K, but what about when he actually starts to collect his pension in about 8 yrs? As well, I (myself) have a small savings account---can they come after this account if he is the beneficiary? Will this affect my credit rating? Please advise.
    0 Votes

    • 35x35
      Apr, 2011
      Bill
      I have four Bills.com reading assignments for you:
      1. Voluntary Repossession: To learn more about what can happen if the vehicle is repossessed.
      2. Collections Advice: To learn more about the collections process you spouse faces.
      3. Served Summons & Complaint: To learn more about the possible legal processes your spouse may face.
      4. Spousal Liability: To learn what liability you may have for your spouse's debt.

      Ask any follow-up questions you may have on the appropriate page.

      1 Votes

  • 35x35
    Feb, 2011
    Nicole
    I got a car loan back in 2008 for my boyfriend at the time. Make a long store short....He defaulted on the loan, the car got repossessed and they sold the car. The remaining balance of the vehicle is now on my credit. The collection agency is calling me and I informed them that I can only pay so much a month which they said is not enough. Are they able to garnish my wages? I live in Florida.
    0 Votes

    • 35x35
      Feb, 2011
      Bill
      Maybe. My answer assumes the creditor decides to file a breach of contract lawsuit against you to collect the deficiency balance, it wins, and receives a judgment. You will be exempt from garnishment if your wages are low enough or otherwise qualify for an exemption. See the garnishment discussion in the original answer above to learn more about Florida's rules.
      0 Votes

  • 35x35
    Feb, 2011
    pete
    i was recently left part of an estate. Can credit card companies take any of that money without my consent.
    0 Votes

    • 35x35
      Feb, 2011
      Bill
      Are you delinquent on your accounts or are you making your payments as agreed? Were you sued by any creditors? Did anyone obtain a judgment against you?

      While a creditor does not need your permission in order to come after your assets or income, it does need the permission of a court in your state. In order to come after you, the creditor would need to sue you and obtain a judgment against you. With a judgment in hand, it is possible that the creditor could come after your assets, income, and bank accounts.

      I suggest that you read about the debt collection process, so you better understand what could happen.

      I also recommend that you look into settling your debts for less than you owe.

      Lastly, you may want to speak with the attorney that handled the estate, to see if he or she has any advice.
      0 Votes

  • 35x35
    Feb, 2011
    Marie
    I am in the process of buying a house. My credit is great. The problem I have run into is that upon title discovery a judgment was found that was initiated May of 2003 it was then recorded again in 2007. There are several issues here one we never went to court for this. two it was only in my name and not my husbands but the judgment is in both of our names. We were never served did not even live at the address nor the county that the papers were served in. I contacted the law office that is now handling this and they will not settle for less that $14,000.00 which is ridiculous the original debt was not even $9,000.00. I can not get the loan on my house to go through unless this judgment is settled the lender says they have to know that they will be paid off first. Any advice at all would be greatly appreciated. I am at a complete loss as we had no idea this was even out there. It does not show anywhere on our credit.
    0 Votes

    • 35x35
      Feb, 2011
      Bill
      A key point drilled into law students' brains in Civil Procedure 101 is giving the opposing party proper notice. There are three reasons for this:
      1. It is fundamentally unfair to sue a party and have them unaware of the action taken against them
      2. Judges hate wasting their time, and they hate deciding the same case twice
      3. Lawyers seem to forget No 1. and No. 2.

      Consult with a lawyer in your state who has experience with civil litigation or consumer law. He or she will probably discuss filing a motion to vacate the judgment. The grounds for doing so are defective notice, and possibly naming a second defendant improperly or without cause. I am sorry to say what I described is not a speedy process and this is probably not what you wanted to hear. Your option is to pay the judgment, which I do not recommend because it just reinforces the bad lawyer's bad habits, and he or she needs a stern brow-beating by a judge for not following your state's civil procedure rules.

      0 Votes

  • 35x35
    Jan, 2011
    ANGEL
    Bill, If my husband is going to file bankruptcy, I believe Chap 7, will they take his truck?It's his only vehicle and his work truck. He is incorporated, but the truck is in his personal name. It's almost paid off and has an equity value of about $12K. He needs a heavy duty truck, he is a tile installer. The atty he consulted advised him to trade in on something, so he will not have any equity, but his credit is terrible and I don't see anybody financing him.
    0 Votes

    • 35x35
      Jan, 2011
      Bill
      Florida has a bankruptcy exemption for a vehicle of $1,000. That means that $1,000 of the equity in your husband's truck is protected from the creditors, but the remaining $11,000 is not. I believe that the court could compel your husband to sell his truck, which is why the attorney advised him to trade it in and reduce his equity stake. Could he sell the truck and buy another for cash, at a lower price, using the remaining proceeds to pay off some debt the two of you have? My best advice is to consult with the attorney again, to establish the best possible plan of action.
      0 Votes

  • 35x35
    Jan, 2011
    lavern
    I have a judgment against me that I have been unable to pay. My husband and I own a home. He added my name on the deed. He is trying to refinance but the creditor is saying that I have to pay the judgment first. We live in Florida. Since my name is added to the deed do they have a right to a judgment lien or anything?
    0 Votes

    • 35x35
      Jan, 2011
      Bill
      Yes, the lien against you needs to be satisfied before your spouse can refinance. Because you are on the deed to the property, the lien against you encumbers the property.
      0 Votes

  • 35x35
    Jan, 2011
    Elaine
    Hi Bill- We live in the state of Florida and have a judgment against us for state income tax in the state of Georgia. The judgment was entered in 2009. We haven't lived there since 2005. As of yet, there is no lien against our property in Florida, nor have there been any executions in the state of Florida. They have tried to garnish my husband's wages through his old company's office in Georgia, but he was laid off last year and has not found work yet. I am disabled. Can the state of Georgia seize our bank account in the state of Florida for this debt? Thank you for your consideration. Elaine K.
    0 Votes

    • 35x35
      Jan, 2011
      Bill
      The State of Georgia could use a bank levy to attempt to collect your debt. A bank levy will affect your account in Florida, if the State of Georgia finds out where you have your account. It sounds like you are in a financial hardship, due to your husband's not working and your disability. I recommend that you speak with the Georgia Department of Revenue. Ask them about 'not collectible status.' If you can demonstrate a serious financial hardship, one that prevents you from making payment on the tax debt, the State of Georgia may agree to temporarily halt collection efforts, such as wage or bank levies, against you and your spouse. Until you know that you are free from threats against your account, I suggest that you keep as little money in your account as possible. Lastly, review your credit reports to see if a lien has been filed against you. Check at the 'public records' area of your credit report, to see if a lien shows. A lien does not need to be filed against your home in Florida. A tax lien is a personal tax lien. If Georgia filed one against you or your spouse, it will affect your home in Florida.
      0 Votes

  • 35x35
    Jan, 2011
    Heather
    My husband recently accidently stabbed himself in the leg nicking his femoral artery causing him to go undergo surgery. Two days after being released he had blood clots in his lung and leg. We have insurance but the deductible is $5000.00. We have 7 doctors and of course the hospital coming after us for money. We do not have a savings and live paycheck to paycheck (we also have two young children). If we give them each $5.00 a month will it go bad on his credit? If we can't pay anything can they put a lien on our house? How many years will it stay bad on his credit if we can't pay? Does the doctor and hospital have different methods of dealing with people like us with the liens, creditors and such? I just want his excellent credit to stay intact. Thank you very much for your time. Blessings...
    0 Votes

    • 35x35
      Jan, 2011
      Bill
      Most medical bills do not appear on a credit report, unless the account goes into collections. In order to protect your husband's credit rating, you need to work out a solution with the doctors and hospital that keeps the debt from falling into collections. You should speak to the billing specialist for doctor that is billing you and with the hospital's billing office. Explain your financial situation and see what you can work out. They may be open to a payment plan, but I doubt that anyone would accept a monthly payment as small as $5.00. Each doctor and the hospital can pursue this debt aggressively or non-agressively. What the worst case effects can be (e.g. wage levy, bank levy, and/or lien), depends on the collection laws of the state in which you live.
      0 Votes

  • 35x35
    Jan, 2011
    shar
    I am upside down on my primary home, and now unemployed. My Father left me a little run down home, difficult to sell, but free and clear. worth about $20,000, if anything in this bad market where I live. If I forclose on my primary home, can the inhereted home be assessed or a lein put on it? I haven't been able to sell it, but don't want to lose it too. It would be the only place I could live.
    0 Votes

    • 35x35
      Jan, 2011
      Bill
      If a foreclosure took place on your primary residence and your lender sued you and obtained a judgment to collect on the deficiency balance, it is possible that a lien would be filed against you. The lien would encumber any property in your name. That means that if you were to try and sell the inherited property while the lien was in place, you could not do so without the proceeds of the sale going first to the lien holder and not to you. I do not believe that you would be at risk for losing the inherited house.
      0 Votes

  • 35x35
    Sep, 2010
    Bill
    Foreclosure is the legal process through which a lender (most typically a mortgage lender) repossesses an asset from the consumer borrower who has defaulted on their mortgage payments. Because foreclosure is expensive and usually results in a poor return, lenders do not like foreclosure any more than homeowners do.

    In Florida, a mortgagee must use judicial means (the civil court system) to foreclose. The process takes five to six months. (Title XL, Chapter 702) Notice to the mortgagor that a foreclosure is underway is not required.

    Florida does not have an anti-deficiency statute. Please see Florida §702.06 Deficiency decree; common-law suit to recover deficiency to read the statute. Florida homeowners have liability for a deficiency balance/judgment.
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  • 35x35
    Sep, 2010
    Jesselin
    How long does foreclosures take in the state of Florida?
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