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Judgement paid 2 years ago, Garnishment issed today Florida

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  • Judgement paid 2 years ago, Garnishment issed today Florida

    Hi Need help please. I am a contractor her in Fla and I recieved a judgement
    back in June 06 and it was paid, I have copy of cleared check back and front. They only way I new we had a garnishment was the bank called today and said that it was issued agianst our accounts and it was from a company named S&K Portfoilios. What are my rights and do I now have a court case against the original plantiff it is apparent that someone has dropped the ball.

    Thanks for any help and advice
    Robin

  • #2
    When you file your answer to the complaint, you state that it was paid and provide proof of payment in full.

    You only have a case against the plaintiff if you've suffered damages; money taken from your account, wage garnishments, etc.
    My opinions are just that and are not to be taken as legal advice.

    Responses are based on life experience, personal research, and/or knowledge gained from the experts here.

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    • #3
      Is it a personal household debt for you as an individual, or was it incurred as a business debt because you are a contractor? What was the debt? It will make a big difference on your options.

      Chris Gonko
      Scrimshire, Martineau, Gonko & Vavreck, PLLC

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      • #4
        Judgement paid 2 years ago, Garnishment issed today Florida

        It was a business debt for goods purchased by my company. It was paid in full (2) years ago. I am assuming that the Plantiff didn't record this threw his atty. And I also assume that they sold this debt to a so called collection company that deals in collection of judgements. By garnishing my operating and payroll account I have now incurred returned checks in both accounts. Who do I hold responsible for this major screw up ) The contractor who originally filed this jundement or this Portfoilio Company ( Debt Collector).

        Thanks

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        • #5
          If it was a business debt then you cannot use the FDCPA as a possible remedy. You should still look to any state law remedies you may have. These vary greatly from state to state, but if there is a violation of state law you may be entitled to damages. Being limited to state law, you'll need to consult a local attorney to get accurate advice.

          Chris Gonko
          Scrimshire, Martineau, Gonko & Vavreck, PLLC

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