Legal Question in Criminal Law in Florida

civil/criminal

Lets say Joe gave Jane some illegal substance, Jane didnt pay Joe back. Joe & his friend went to Janes house and made her sign a hand written and not noterized, and Jane didnt spell her lastname correctly? And if Jane didnt pay Joe back in 2 weeks he would come and take her car. Jane never signed the title. Is this legal for Joe to come and siez Janes car?


Asked on 5/13/07, 3:37 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: civil/criminal

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Absolutely NOT. A note given on an debt from an illegal transaction is not enforceable in Florida. The law does not allow the courts to be used to collect debts that are not legal. Besides, how would Joe explain the basis of the debt without incriminating himself?

The only exception to enforcing an debt from an illegal transaction, is if the debt is a foreign debt i.e. from another state, and is legal in that jurisdiction. For example, a gambling debt from New Jersey wherein a judgment has been obtained there, would be enforced under the Full Faith and Credit provisions of Florida law.

Scott R. Jay, Esq.

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Answered on 5/21/07, 9:51 am
Valerie Masters Valerie Masters, P.A.

Re: civil/criminal

none of what you describe is legal.

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Answered on 5/21/07, 1:14 pm


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