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Barry W. Kaufman
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Claimed Lawyer ProfileQ&A
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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Jurisdictions Admitted to Practice
- Florida
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- Middle District of Fla
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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
Legal Answers
- Q. Attorney requests social security proof after judge canceled wage garnishment hearing due to my objection.
- A: Did the attorney just write you a letter on his letterhead and ask for the information, or he did send a formal request for the documents, something with the case caption with the case number, etc? If it was a formal request to produce, you are obligated to comply. The creditor has every right to know your financial details down to the penny because you owe money to it, Social Security and section 8 notwithstanding.
- 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. What happens to my mother's credit card debt when only $75/month is left from Social Security after nursing facility takes rest?
- A: If she cannot pay the minimum payments, the interest will continue to accrue and after 2, 3, or 4 months of not making the minimum payments (depending on the creditor), the creditor will close the account to further purchases. After 6 months, the creditor will charge off the balance. This is an accounting procedure and has no bearing whatsoever on your mom's liability for the debt. Depending on the balance and the creditor's policies and the information the creditor has, the creditor may elect to do absolutely nothing, may elect to refer the debt to a third party debt collector, may refer the debt to a collection law firm, or may sell the debt to a debt buyer.
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