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I am currently on Social Security, receive food stamps, and live in low-income housing. An attorney for a credit card company took me to court to garnish my wages, but the judge canceled the hearing after I filed an objection. Now, the attorney is asking me to provide proof of my Social Security... View More

answered on Jul 14, 2025
Did the attorney just write you a letter on his letterhead and ask for the information, or he did send a formal request for the documents, something with the case caption with the case number, etc? If it was a formal request to produce, you are obligated to comply. The creditor has every right to... View More
I have been making $25 to $50 payments to a collection agency named Anderson, but they are threatening to send my file to the main courthouse. I suspect this might be a scam to extort money, as their communication mainly comes through text messages via email and databases. Can they actually take... View More

answered on Jul 11, 2025
Let's make sure we are on the same page. A collection agency doesn't own the debt- it is assigned the debt from the owner of it, the creditor. A collection agency, unless it has a specific agreement with the creditor, cannot sue you on its own. It must refer the debt to an attorney for... View More
I am preparing to place my mother in a nursing facility, which will take her Social Security income and leave her with only $75 per month for personal use. She has a credit card solely in her name with an outstanding balance of approximately $15,000. She also co-owns a house with me, which has a... View More

answered on Jul 11, 2025
If she cannot pay the minimum payments, the interest will continue to accrue and after 2, 3, or 4 months of not making the minimum payments (depending on the creditor), the creditor will close the account to further purchases. After 6 months, the creditor will charge off the balance. This is an... View More
I live in a residential building on the fourth floor, where the elevator has been out of service for over six weeks due to a lightning strike, severely impacting residents on higher floors, especially the elderly and mobility-impaired. Despite sending five emails, building administration has not... View More

answered on Jul 8, 2025
Unless the landlord is required by your lease to provide a working elevator, he isn't. The landlord is not legally obligated to respond to your e-mails. The landlord has provided you information as to when the repairs are scheduled. You are free to consult an attorney but I don't see a... View More
I filed a claim for an extension regarding a wage garnishment due to credit card debt originally from 2016, currently owned by Midland Credit since 2019 for $3,500. Since I haven't made any payments or acknowledged the debt since 2018, and I live in Florida, is my account protected by the... View More

answered on Jun 24, 2025
If there is a wage garnishment, there is a judgment against you. Judgments are good for 20 years in Florida, so there is a long time before the statute runs. You filed for an exemption? You are the one who filed, nobody knows what the basis for your claim is. You have to prove that you are entitled... View More
I experienced a total loss of my vehicle, but my gap insurance is refusing to pay the claim because I filed it a year later. I initially thought the dealership would handle it automatically with the credit union that financed my car, as they didn't instruct me about the process. Now, the... View More

answered on Jun 19, 2025
The gap insurance carrier is a completely separate company from the dealership, and the dealership is not your agent. The way to address the situation is to bite the bullet and contact the law firm that filed the lawsuit (or the credit union directly if the credit union filed the lawsuit on its... View More
I need advice on helping my son, who was recently evicted in Pensacola owing a significant amount of rent. All his debts are in Pensacola, and he has not faced any legal action yet. I am considering bankruptcy as a way to manage his debts. He is currently living with me in Robertsdale, Alabama.... View More

answered on Jun 16, 2025
You can help him by helping him find a bankruptcy attorney who is admitted to the US Bankruptcy Court for the Northern District of Florida. If your town is close to the Fla/Alabama line, you can look in both Florida and Alabama. I don't recommend filing bankruptcy without an attorney.
I'm inquiring about the responsibilities of a newly appointed personal representative regarding filing accounting and inventory. Following the resignation of the previous personal representative, who never filed an accounting and didn't account for $30K listed in the inventory, the new... View More

answered on Jun 14, 2025
When there is more than 1 beneficiary, the PR MUST be represented by an attorney per Florida law. All questions regarding this issue MUST be directed to the PR's attorney. But take note - the attorney does not represent any beneficiary, only the PR in the PR's capacity as PR. If a... View More
My rental agreement is up for renewal in July, but my landlord usually starts posting renewal reminders on the door in early June. I've lived here for 9 years and typically sign the lease within the first two weeks of June. This year, after setting an appointment for June 10th to sign my... View More

answered on Jun 11, 2025
Legal. This is a business decision that is very smart on the landlord's part. Once your daughter turns 18, she is a legal adult. That changes the nature of your lease from "mom and dad and child" to "3 adults" living in the apartment. You may not see it that way at all, but... View More
I live in Florida and have been living with an emotionally abusive man for five years. We have no written tenancy agreement, but I paid rent weekly in cash until he first attempted eviction by falsely claiming I was a squatter. He refuses to write me receipts or accept electronic payments, and... View More

answered on Jun 10, 2025
The way to "manage the situation" is for you to leave. Find someplace to go. Staying with someone who is abusive and destroys your property is ridiculous - any place is better than living in fear. There are shelters, etc. At some point your physical safety and mental health is much more... View More
I have a court order to pay money I owe my ex-wife. Although I've been mostly on time with payments, I've missed a few months due to lack of work. I'm currently employed, but my ex-wife's lawyer wants to issue a body attachment due to these late payments. Previously, I was... View More

answered on Jun 6, 2025
Contact the attorney with a solid repayment plan. You MUST make the court-ordered payments; there's no getting around the court order. (Of course it went to your ex-wife.) Set aside your feelings about your ex; this is a legal obligation. Get on with it.
I am concerned about certain aspects of National Debt Relief Programs. Specifically, I would like to understand whether these services are genuinely effective or if they are potentially fraudulent. Could you provide insights or legal perspectives on what to watch out for when considering these... View More

answered on Jun 5, 2025
I have yet to run into one that's fraudulent, but not all of them are effective or efficient; and none of them can promise you that a given creditor will work with them. In my opinion, there is nothing these guys can do for you that you cannot do yourself, but many people, particularly folks... View More
I got a divorce in 1999, and my ex-husband purchased a home in 1997 while we were still married. He recently passed away, and before his passing, he remarried. Do I have any rights to that property, considering the circumstances?

answered on Jun 5, 2025
The division of your home should have been addressed in your divorce decree. Assuming that he retained sole title to the house after your divorce, you would not be entitled to it. However, you can always take your divorce decree and any other documents to an attorney in your town for a second, and... View More
I cosigned a car loan, and the primary borrower has defaulted. Despite communicating with the lender about options to remove myself and exploring refinancing, the loan company is now suing me due to the default. This has severely impacted my credit score and financial status. How can I legally get... View More

answered on Jun 3, 2025
Other than filing bankruptcy, you can't. You co-signed, which means you accepted full responsibility for every payment to the lender, regardless of any agreement that you had with the other signer. You are on the hook at much as the other signer, and they don't have to come after him if... View More
I am facing a complex situation at my church where the former Pastor, due to adultery, has not yet been reinstated because of opposition by members, including myself as the Vice President of the Board. His spouse, the acting Pastor, barred me and my family from entering church premises without due... View More

answered on May 19, 2025
There is no "due process" with non-governmental entities, nor are there violations of your right of association and religious freedom. These are rights which protect you against the government, not private entities like your church. What you describe are basically issues of contract law;... View More
I was involved in a car accident and am currently in a lawsuit related to it. I'm concerned about whether my lawsuit winnings can be used to cover my child support payments, as I have been ordered to pay child support but am behind on payments. Can my child support obligations affect the... View More

answered on May 14, 2025
Your settlement payment does not flow through the Child Support Depository in your county or in Tallahassee. Nowif there is any sort of lien on the settlement proceeds placed by the State or the other party, then yes, that lien would have to be satisfied before your settlement could be disbursed to... View More
In a collections lawsuit, a defense lawyer reached out to me via email, offering to represent me. They mentioned this lawsuit from Wells Fargo, although I haven't received any official court documents. They included reference numbers but I don't know where to check to confirm if the... View More

answered on May 13, 2025
Collection defense lawyers do this all the time, everywhere. Whether its appropriate to do so by e-mail, I don't know. Washington State rules of professional conduct may permit it. You should be able to look up your name in your county clerk's website. Look for Court records, or something... View More
I received a cease and desist letter from my HOA attorney, stating that my tenants have been smoking marijuana, affecting other homeowners. Other homeowners have mostly made verbal complaints, with one formal written complaint. My lease does not specify terms regarding smoking or drug use. I have... View More

answered on May 8, 2025
yes, you should share the notice to your tenants. There's no privacy concerns. As the owner of the unit, you are the one whose life the HOA can make most miserable, and financially difficult. It makes no sense to not cooperate with the HOA.
In my civil slip and fall case, the appeal was affirmed and I lost without ever having a trial. I'm looking for specific guidance on what options I have next in terms of legal actions or pursuing compensation. Could you advise on possible errors in the appeal process and whether seeking a... View More

answered on May 6, 2025
There is no trial in an appeal. An appeal is not a second trial or a chance to introduce evidence. Unless your case presents novel theories under Florida law, it's a slim bet that the Florida Supreme Court would take your case. The only way for you to know is to retain an appellate attorney.... View More
In a civil case in a Florida magistrate court, I am worried about sharing evidence before the trial. Are there specific requirements to disclose evidence to the opposing party or their lawyer before the court hearing?

answered on May 4, 2025
There is no such thing as a Florida "magistrate court". Your case was referred by the judge in your case to his or her magistrate.
You were most likely sent a Case Management Order. It will be docketed, so you can look it up online. You must follow the requirements of the Case... View More
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