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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

  • cgonko
    replied
    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

    Leave a comment:


  • greengrass
    replied
    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

    Leave a comment:


  • cgonko
    replied
    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

    Leave a comment:


  • michaelbmich
    replied
    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.

    Leave a comment:

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