I have a signed notorized statement set-up by my brother-in-law who is an attorney & resides in Florida stating that they would set-up a trust acct. in my daughters name with the remaining funds from a deed of trust after a debt I owed was paid - this was to happen in 1998. (he was to be the Trustee) . I spoke to my sister (2000) and again in 2003 and asked that the trust continue for awhile longer to which she agreed. For the last 6 yrs I was told that she didn't want to speak to me, but just found out that she is paralyzed & has no memory due to a car accident in 2005! No one was notified (aunts, uncles, cousins, friends, sister!!) and her kids disowned her prior to this. How do I collect on this debt now? Balloon pmt paid deed off for approx $15000 in 2001. Can we add Interest??
State/Country relating to question: Florida
I have tried to contact them but they refuse to talk to me. They live in Florida, I live in Arizona but will soon be going to visit my sister. I'm also afraid that they will bar me from visiting. Oh yea, my sister and Michael are now divorced and he is remarried.
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QUESTION: "How do I collect on this debt now?"
ANSWER: First of all, please allow me to just say that I am genuinely sorry for this whole ordeal! Now, as to collecting in this type of dispute, the only way two do so is via a two-step process. First, you must obtain a judgment through civil litigation. Secondly, you must obtain a collections order through post-judgment proceedings. In other words, the law affords no way to collect "now" as you mentioned, sad to say. I have every sympathy for your circumstances, please believe me, but nothing is going to happen over night in trying the case, to be perfectly candid with you. I wish I had more encouraging news to share, but rather than misleading you I mainly want to speak directly and truthfully about how the system operates (not quickly).
QUESTION: "Can we add Interest??"
ANSWER: Yes. There are a couple of ways this works. First, you can pray (ask) for interest as a component of your monetary damages and introduce any relevant evidence (proof) to support your contention. Secondly, if you prevail, you can be awarded what is called judgment interest at a rate set by statute.
I truly hope all works out for you. I know this is a lot to take in, so please do not hesitate to write back. After you select "Accept", our conversation need not end. I would be happy to continue our dialog, without further charge, until you are fully satisfied. I promise to check back periodically for any updated posts from you each time I return to this online venue.
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I need to know if there is something that I can do to get the ball rolling. What is civil litigation? Can I do that? Isn't there a certain form that I can file to start the process? What about filing with the Florida bar since he did not act in a professional or ethical manner befitting an attorney? I need to know what to do to get this going so when I go out there, I can make sure I can wind things up or have a court date scheduled. I can only afford to go out there one time. I get that it will take some time to finally get my money. tHANK YOU.
Thanks for writing back -- good to hear from you.
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QUESTION: "I need to know if there is something that I can do to get the ball rolling."
ANSWER: Yes, to get the ball rolling, your very next step would be to confer with local legal counsel. You could schedule a consultation for an all inclusive fee of $25 (referral plus session), which is an absolute bargain in today's legal world: Florida Bar Lawyer Referral Service.
QUESTION: "What is civil litigation?"
ANSWER: That means filing a lawsuit and trying the case.
QUESTION: "Can I do that?"
ANSWER: Yes, you have a legal right to represent yourself. However, please keep in mind that lawyers go to law school for three years and then accumulate years of litigation practice. If you do represent yourself, unfortunately the Court will hold you to the same standards as if you were a licensed attorney. In other words, handling a case from filing, through litigation and appeal, might be a bit analogous to asking if a lay person could perform their own appendectomy. The answer is technically yes, but they would be well advised to consult a surgeon.
QUESTION: "Isn't there a certain form that I can file to start the process?"
ANSWER: Yes, to start the litigation process you would file a petition (also called a complaint), which be properly served on your opponent(s), along with a summons, pursuant to civil procedure rules.
QUESTION: "What about filing with the Florida bar since he did not act in a professional or ethical manner befitting an attorney?"
ANSWER: Yes, you can certainly do so, and the process is free of charge: Florida Bar Complaint Form.
Relax. Let's work together. Practical solutions.
Please keep in mind that I am in Phoenix, AZ while he is in Orlando Florida. Does that change your info?
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