Legal Question in Consumer Law in Florida

Account turned over to collection

We owe monies to a funeral home in Florida which, without any notice (i.e. 1st notice, final notice) has turned our account over to collection. We were not given opportunity to settle account and now are in collection.

Question: Is this a legal handling of our account??


Asked on 8/13/07, 2:47 pm

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Account turned over to collection

Yes. A creditor can turn an unpaid bill over to collections whenever it is not paid timely. They usually do not right away, because the collector is often paid a commission on whatever he collects. Call the creditor or the collector and tru to set up a payment plan.

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Answered on 8/13/07, 3:15 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Account turned over to collection

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes, the funeral home has the right to turn over an unpaid bill whenever it chooses. Most creditors will exhaust all other opportunities before doing so in order to avoid paying the steep commissions they pay to the collection agency. Your best bet would be to deal with the collection agency and try to arrange repayment before the debt is placed on your credit history as a bad debt if it has not already been done or suit is filed for collection.

Scott R. Jay, Esq.

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Answered on 8/13/07, 10:47 pm


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