Barry W. Kaufman

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44 Questions Answered

Q. In Florida, can 4 out of 7 beneficiaries stop the sale of a house when there is a will?: 9 April 2019; A: Your sister is required to have a lawyer represent her as the personal representative. You may want to retain your own lawyer. Even if you elect to not retain a lawyer to represent your interests, you should retain one to at least review and/or draft the assignments from your brothers.

Q. If I have not received a summons to appear in court do I need to go?: 25 March 2019; A: There is no requirement that you appear if you have not been served.

Q. My mom died in Florida, no will. She had a home in Florida which was only under her name, my father has other kids.: 4 March 2019; A: You should consult with a probate lawyer in your home town or county, soon. Like next week. This is not something that can be answered on the internet.

Q. Can social security benefits be garnished for unpaid out of state (New York) medical bills if a judgment is awarded?: 12 February 2019; A: Generally, under Florida law, SSI cannot be garnished. However, without knowing why the NY AG sued him and because a state agency is involved, and not a private creditor, the benefits may be able to taken by other means. He should contact his county legal aid office to see if he can get some legal advice there. Ignoring a lawsuit is never a good idea.

Q. In Florida, we paid contractor in cash 11/22/17. They called July/2018 saying they were not paid. Can they do this?: 28 January 2019; A: Can they do what? It could be a simple bookkeeping error on their part, and need your assistance in finding the error. However, as the previous lawyer said, you should have a receipt that you paid in cash. If you don't have a receipt, how would you prove you paid them? Just because you say you paid them is not proof that you did. You need a receipt. If you don't have a receipt (or some other documented evidence that indicates that you paid), you may very well be out of luck.

Q. IM ASKING A QUESTION BECAUSE THE OTHER DAY DEC. 10 2018 I RECEIVED A COURT NOTICE: 23 January 2019; A: There is a judgment against you for the difference between the amount of the loan that you owed at the time the insurer paid, and the amount the insurer paid. The creditor is attempting to garnish your pay to pay the judgment. The first thing that happens is a writ of garnishment is served on your employer. Your employer has 20 days to respond to the writ of garnishment. The creditor will send you the motion for the writ of garnishment, the writ, and later, your employer's answer. The clerk is required to send you a notice and a form that you may contest the writ of garnishment. You may receive the same notice and form from the creditor. If you haven't received these documents yet, you will. You may or may not have exemptions to garnishment. If you think you do, you must complete the form that the clerk has or will send you and request a hearing. You must prove to the Court that you are exempt from garnishment (a list will be on the form) at the hearing. Don't go to the hearing and talk about the accident, and that the insurance company paid something. That's not the purpose of the hearing.

Q. can I apply for early termination of probation if my orders state court costs & fees aren't a condition of probation?: 8 January 2019; A: You should re-post your question on the criminal law board. Probate has nothing to do with probation; probate is the legal process of administering the assets and debts of a person who has passed away.

Q. Do I need to open a licensed Commercial Collection Agency in the state of Florida to collect from Insurance companies?: 21 November 2018; A: Probably. See the Florida Statutes.

Q. How can I collect a debt owe from someone in Puerto Rico that refuses to pay while I am in Florida?: 26 September 2018; A: You can sue them in Puerto Rico, or hire a debt collector who collects debts in Puerto Rico.

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Jacksonville, FL 32257
USA

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