Legal Question in Credit and Debt Law in Florida

Re: Voluntary Repo of car

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 nformation, 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, you can close your checking account. The collections agency can not force you to do anything you do not want to do. Your wages CANNOT be garnished if you are the head of household in Florida.

Direct from the Federal Trade Commission here is a synopsis of your rights:

Debt collectors may not:

1. give false credit information about you to anyone, including a credit bureau;

2. send you anything that looks like an official document from a court or government agency when it is not; or

use a false name.

3. Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, collectors may not:

a. collect any amount greater than your debt, unless your state law permits such a charge;

b. deposit a post-dated check prematurely;

c. use deception to make you accept collect calls or pay for telegrams;

take or threaten to take your property unless this can be done legally; or

d. contact you by postcard.

Source:

http://www.ftc.gov/bcp/conline/pubs/credit/fdc.shtm

Scott R. Jay, Esq.