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About the Expert
Credit & Debt Management
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Dunn & Associates
305-592-0002
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Dunn & Associates, P.A., is a Miami law firm which counsels individuals and businesses on credit and debt matters. Whether you are a home-owner facing foreclosure or an individual with mounting credit card debt, Dunn & Associates, P.A., may advise you of all your options. It's never too late to consult with Dunn & Associates, P.A. regarding bad credit, debt negotiation, liens, mortgage delinquencies and repossessions. Get your questions answered here or set up an appointment to see an attorney at Dunn & Associates, P.A. Visit Dunn & Associates online at www.dunnbankruptcy.com for more information and a free online consultation.
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| Most Recent Questions & Answers |
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Q. |
What is the statue of limitation for cr card in FL?Back in 95-98 my parents were making $25 pmts for a debt that they didnt recognize but just to stop harrasing calls they were making theses pmts to this company.When I got involved &contacted; the agncy they couldnt give me a spec co that we recognized.Chemical,Hanover,Chase banketc..fr a 84 crcard.None of these banks could confirm our debt. We informed the agncy that we werent payng any more until written proof of debt was given. Now, yrs later(since98),they came back w/a very fainted paper stating proof of debt.Never sending a statement or making any contact,now including interest. Is this legal?Can they collect?What can we do? |
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Terry, North Miami, FL 10/01/03
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Generally, a collection agency may not attmept to collect a debt which has exceeded the statute of limitations. In Florida, the statute of limitations on a written contract is five years from the original delinquency or last payment madee, whichever is later.
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Dunn & Associates
305-592-0002 10/02/03
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Q. |
We had some damage to our condo at a resort in summer of 2000. the adjoining condos which are not a part of our association was the cause(broken sewer pipes). their association president set up in alternative housing. Now they are billing us for these dates after 3 years. The charges are over $2600. Their pres. initiated and autorized the lodging or we wouldn't have used it. Do we have to get an attorney to fight this, is there a statue of limitations for submitting a bill for services? thx for advice. |
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wendy, waterford,mi 10/01/03
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An attorney who is familiar with the rights of condominium owners in your state is the best person to review your situation and give you advice.
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Dunn & Associates
305-592-0002 10/01/03
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My husband and I owe about 30K in credit card debt. We live in Texas. These debts are not with a credit card in the state of Texas. My question is can they take my home, car, or garnish our wages, sue us or take us to court? These are unsecured credit cards.We want to repay but it is not quick enough for them. |
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JJ, Houston, Texas 10/01/03
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Generally, a creditor has a right to file a lawsuit anytime before the statute of limitations runs. Once the creditor obtains a judgment he may enforce it by garnishment or seizure of assets. Some state laws may protect a debtor from judgment enforcement. Also, the filing of a bankruptcy may protect a debtor from the collection of a credit card debt. For specific information, talk to a bankruptcy lawyer in your state.
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Dunn & Associates
305-592-0002 10/01/03
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I was served with a complaint and they said they will put a judgement against me over a credit card debt that I owe more than 4 years ago in Florida. Can they do it if it has been more than 4 years? statue of limitations? |
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Yane, Miami, FL 9/30/03
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Generally, the statute of limitations on a written contract in Florida is five years. Have a lawyer look over the complaint for specific advice.
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Dunn & Associates
305-592-0002 10/01/03
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Q. |
From the time that an unsecured bad debt is turned over to a collection agency or firm, what is the usual time frame before a judgement or garnishment proccedure is normaly implimented? Weeks? Months? Please help clairify! |
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Megan, Hanoverton, Ohio 9/30/03
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Every situation is different. Generally, you know a lawsuit may be filed if the creditor or collection agency hands the debt over to a local attorney.
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Dunn & Associates
305-592-0002 10/01/03
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Q. |
My husband owes about 9,000 in credit card debt. An attorney contacted me and stated that they would file a judgement against my homestead which is in my name only and the mortgage is in my name only, if the debt is not paid. I am not a co-signer on this credit card. Is this allowed under Florida law? |
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Anonymous, Miami, Florida 9/29/03
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First, a judgment may not be entered against anyone who is not liable for a debt. Secondly, a judgment may not create a lien against Florida homestead. If this is truly an attorney who is telling you this, he should know better.
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Dunn & Associates
305-592-0002 10/01/03
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I owe 2,600.00 on a credit card debt. It has been turned over to a recovery service and they have excepted small payments, but they keep threating a judgement against me. If a judgement is filed, will I have the chance to pay off the debt with payments, or can they garnish my wages without any notice? I filed for bankruptcy in 1996, so this is not an option. |
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Anonymous, Minneapolis, MN 9/22/03
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Generally, you may file a chapter 7 bankruptcy once every six years. So, bankruptcy may again be an option. Even after a lawsuit is filed and a judgment is obtained, you may make a payment arrangements. However, it is still up to the creditor to accept your payments.
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Dunn & Associates
305-592-0002 9/29/03
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Q. |
I have read that the department of
education has the power to freeze
bank accounts in most states. So does that mean that there are some
states where this practice is not
allowed? And more importantly, how
can I find out which states are
exempt from personal bank account
liens? Is there a means of researching this information one's
own? |
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Anonymous 9/25/03
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The collection of federally guaranteed student loans are governed by federal law. A garnishment order may be issued to your employer requiring your employer to withold ten to fifteen per cent of your disposable wages. In addition, a lawsuit may be filed in your state and a judgment may be obtained. The judgment may give the Department and its guarantee agencies the right to garnish funds within your bank account. For information on the collection action that may be taken by the Department of Education, go to http://www.ed.gov/offices/OSFAP/DCS/index.html
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Dunn & Associates
305-592-0002 9/29/03
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Q. |
i filed bankrupcy in 2000 and in nov i got a new car and then i became disabled and filed for disability social security and can;t afford my car anymore can the bank sue me and take my retirement check or social security check i live in ohio and have not received any money from the govement |
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susie 9/29/03
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The bank may repossess your vehicle and sue you for the deficiency balance after sale of the car. Social security and disability checks may be exempt from garnishment; however, check with a local attorney who may advise you of your state's exemption laws.
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Dunn & Associates
305-592-0002 9/29/03
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A judgement was put against me over a credit card debt that I don't owe. Can they put a lein against our home? |
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Doris, Inverness, Fl. 9/27/03
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A judgment is a judicial determination that you owe a debt. A judgment creditor may attempt to collect the judgment through lien, garnishment or levy. Talk to a lawyer who may advise you if you have any rights to challenge the judgment. Your lawyer may also advise you if you have any protection from the judgment lien.
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Dunn & Associates
305-592-0002 9/29/03
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About Ask the Expert
This is your forum for posing questions to certain professionals. Many of those professionals are affiliated with organizations that sponsor portions of our sites. As with all information on our sites, questions and answers are published for information and discussion purposes only. Such information is not a substitute for professional advice from an adviser familiar with your particular situation. We do not guarantee the accuracy, reliability or completeness of any information provided in our forum.
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