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How do I clear up marks on my credit report?
First, order a copy of your credit report from a credit agency and check it for accuracy. If there are any items you believe are not your debts, you need
to dispute those items with the credit reporting agency in writing. If the
credit reporting agency verifies the
debt and you still dispute it, you then need to dispute the item with the original creditor in writing. If the mark remains on your credit report, call an attorney.
I have terrible credit. What can I do to restore my credit?
There is no easy solution to this question. You either need to make arrangements to pay your bills or consider filing bankruptcy. (See “Bankruptcy” section).
Collection agencies are harassing me at work and home. What can I do?
Collection agencies are allowed to call you once a day at home and/or work. There is a Florida statute prohibiting unreasonable amounts of calls, and no calls can be made before 8:00 a.m.
and after 9:00 p.m. without the prior consent of the debtor. Florida law provides criminal sanctions, administrative penalties, and/or civil remedies for violating this law.
Someone is using my name, driver’s license and/or social security card to impersonate me. What should I do?
You should report this information to the Department of Motor Vehicles, the Social Security Administration and/or the police department as applicable. Further, you should advise in writing any person or company who may have been the victim of someone else using your name.
I want to dispute a debt. Can I do
this? How?
Yes. If someone, or a company, is attempting to collect a debt from you, you may challenge the debt in writing within thirty days of your receipt of the collection notice. The person or company attempting to collect the debt then must provide you with specific information about the debt in writing. If the collecting company still attempts to collect the debt without giving you the written information about the debt, you should call an attorney.
Someone owes me/my business money. How can I collect?
Lawsuits to collect debts valued at $5,000.00 or less may be filed on your/your company’s behalf in Small Claims Court. If the amount is greater than $5,000.00 you should contact an attorney to file a lawsuit. Also, you may wish to contact an attorney to write a letter on behalf of you or your company before filing a lawsuit. (See “Civil Litigation” Section).
I received a letter threatening to garnish my wages and I have not been sued. Can my wages be garnished?
Wages may not be garnished unless a judgment is entered against you. Even then, there are exceptions to the law that may allow you to avoid having your income garnished. If you are faced with a potential garnishment you should contact an attorney.
What should i do if I'm a victim of identity Theft?
Report it to FTC at 1-877-438-4338 or online at www.consumer.gov/idtheft
Can I return a car once I buy it? Does Florida law allow me to cancel a contract within three (3) days?
There are laws in Florida that allow a person to cancel a contract within three (3) business days. In order to qualify under the law, the contract must be from one of the following: a) A home solicitation sale; b) A contract for home repairs if the repairs have not begun; and/or c) If the written contract specifically says it can be cancelled within three (3) business days. There is no Florida law that allows the three (3) days to cancel an agreement for the purchase of a new car. There are no exceptions to this law unless the contract itself has specific cancellation language. Cancellation language in a contract for the purchase of a car is highly unusual and almost never occurs in Florida. Therefore, if you buy a car you cannot change your mind and return it a couple days later.
If I lend someone money and he/she does not pay it back, what should I do?
If you are planning to lend someone money, you should have a written contract prepared which specifies when and how the money is to be repaid. If you have previously loaned someone money, you may file a lawsuit to collect the money if the person failed to repay it within five (5) years on a written contract or four (4) years on an oral contract.
What happens if I stop payment on a check?
You must be very careful if you want to try to stop payment on a check. If you stop payment on a check improperly, you may end up paying three (3) times the value of the check and/or be arrested and possibly sent to jail. Generally, it is improper to stop payment on a check. If you want to consider stopping payment on a check, it is strongly suggested that you speak to an attorney before stopping payment.
How do I get out of a contract?
See the “Contracts” Section.
My car has been repossessed. What can I do?
Generally, the only way to get your car back is to pay the entire outstanding balance on the car or be the successful bidder at the auction that will follow. However, an offer to bring your payments current is usually not enough to get the car back. Sometimes, an attorney can successfully negotiate to get your car back. Also, you should be aware that if your car is repossessed, and sold at auction for less money than you owe on the car, the creditor will likely sue you for the difference.
