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We attended an automall to receive a gift certificate to…

We attended an automall...

We attended an automall to receive a gift certificate to Walmart. While there the sales person talked us into getting a car where we would support the company and only pay the car insurance. We were supposed to receive $4500.00 to pay for this car for 1 year then we would get another care with money to pay for the next year. We recieved $3200 dollars which we put into savings to pay $556.15 which began in December 2017. We could only pay 5 months, could not contact the sales person, Barry Cole, who would not answer our text message. We voluntarily had the car repossed at Fifth Third Bank in Fleming Island, Florida. They will put this car on sale Saturday 5/12/18 and anything more needed after the sale will be charged to us. We are 85 and 78 year old Senior Citizens on a fixed income. We would be unable to pay anymore for this vehicle. How can we protect ourselves and can you help us? Bob & Pat Lucas (The 2 Chaplains of Amer Legion Post 250 in Middleburg, Florida.

Lawyer's Assistant: What steps have you taken so far?

We are going to call Tallahassee, Florida for the Senior Citizens Protection Service but so far we have just been unable to find a number. We have gone to the Dealer listed on the contact who stated they are not responsible as they sold it the the group working the malls. They are the only people we know to contact as this is the only name on our contact. So the contact is a fraud alos.

Lawyer's Assistant: Because consumer protection law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We just need to get some help as we do not know where to start.

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Answered in 21 hours by:
5/12/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 22,835
Experience: B.A.; M.B.A.; J.D.
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Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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You need to file complaint with your Attorney General's Office and the Better Business Bureau for this unfair and deceptive act by the salesperson, for financial exploitation of the elderly. You should also contact Florida Elder Services.

As for being responsible for the future payments, kindly note that your Social Security Benefits CANNOT be used to make the payments. Your benefits are 100% exempt from garnishment. You should NEVER agree to make payments out of your account. If this company has your bank account information, you need to close the account and open a new one. Also, make sure to update your account information with Social Security Administration for your direct deposit.

You should file exemption form if or when the creditor goes back to Court to try to garnish your assets. Click below for sample exemption forms and instructions—the forms are from Miami-Dade County. If this is not your County, then you would need to change the name of the Court or you may contact your Courthouse for their own forms.

Exemption form 1

http://www.miami-dadeclerk.com/library/Civil/862-Web.pdf

Exemption form 2

http://www.lsgmi.org/downloads/StoppingAFloridaGarnishment.pdf

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 22,835
Experience: B.A.; M.B.A.; J.D.
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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