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Barry W. Kaufman
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Claimed Lawyer ProfileQ&A
Practice Areas
- Business Law
- Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
- Collections
- Consumer Law
- Class Action, Lemon Law
- Divorce
- Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
- Family Law
- Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
Additional Practice Areas
- General Civil
- Small Claims
Jurisdictions Admitted to Practice
- Florida
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- Middle District of Fla
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Education
- Florida Coastal School of Law
- Doctor of Jurisprudence/Juris Doctor
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Professional Associations
- Florida State Bar # 306540
- Member
- - Current
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Websites & Blogs
- Website
- Website
Legal Answers
846 Questions Answered
- Q. Can a collection agency threaten court action via emails and texts?
- A: 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 suit in all but a few circumstances in some states. A collection agency can, however, inform you that your payments are not cutting the mustard as far as a minimum payment goes, and inform you a possible next step is a lawsuit. How they word that in a text, only you know. You can always consult a debt collection attorney in your area with the texts and e-mails.
- Q. Elevator out for weeks, no landlord response, options?
- A: 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 lawsuit for negligence; there is no cause of action for lack of communication. You probably don't have a cause of action for habitability, either. Inconvenience is not legally compensable.
- Q. Is my credit card debt from 2016 protected by the statute of limitations in Florida?
- A: 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 to whatever exemption you are claiming; the creditor doesn't have to prove that it is entitled to the garnishment.
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