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One of the primary concerns most individuals have about declaring bankruptcy is what they could lose.  Often clients ask if their 401k’s will go to creditors if they declare bankruptcy. If you live in Florida, your 401k is protected in two different ways. In fact, if you file for either Chapter 7 (a dissolution) or Chapter 13 bankruptcy (a reorganization), in most cases your retirement plan money will be safe from your creditors. Individual Bankruptcy Background Before we get into whether or not you can declare bankruptcy and still keep your 401k, let’s review the basics. When you declare bankruptcy,… Read More

The Florida foreclosure moratorium ended a year ago, and now the federal foreclosure moratorium has not been extended further. This has left many wondering what exactly is the Florida foreclosure process? You may have special circumstances that will help you if you are facing foreclosure, and your Florida debt collection defense attorney can help answer your questions. This article, however, addresses the Florida foreclosure process, so those facing foreclosure have an idea what to expect and can get the help they need. The Legal Basis for Foreclosure If you can’t pay your mortgage, a lender can’t just come in and… Read More

When debt collectors keep calling, what can you do if you are not sure you owe the debt or at least the amount they claim? What if you are SURE you do not owe the debt? How can you make them stop calling? Of course, you can call a Florida debt collection defense attorney who will make the debt collector contacts top immediately. If it’s a large amount and you are not sure whether you owe it, that would be your best bet. Short of that, you can send an FDCPA (Fair Debt Collections Practices Act) cease-and-desist letter. What Kind… Read More

According to a 2021 report, the average American is $90,460 in debt. A recent survey reports that 47 percent of Americans carry a monthly balance on their credit cards. 70% of those people say they cannot pay it off this year. Despite debt being so common, we live in a society that stigmatizes those who owe money. People in debt are often so ashamed they do not seek the help they need. When people feel isolated in this way, they become a prime target for exploitation. We would like to tell you about some of the primary debt collector scare… Read More

You may have something on the horizon where you need a good credit score. Perhaps you intend to buy a house in the near future and don’t want to pay high interest rates due to shaky credit. We always tell people to track your credit score regularly and we’ve spoken before about how to improve your credit score. Building a good credit score is something you do over a course of years for really good credit that lasts. But can you do anything to impact your credit score in a month or two? You betcha. The trick is to do… Read More

It’s enough to increase your heart rate and make you break out in a sweat. The debt collector is calling! Debt collectors have tricks up their sleeves, so you are right to be concerned when debt collectors call. If you owe a lot of money, it very well may be worth your while to hire a debt collection defense attorney who knows the ins and outs. But if you are planning to speak with a debt collector yourself, you need to be prepared. Consider the following advice. Keep calm Debt collectors like to keep you off balance, and often they… Read More

We all know that medical debt drives many people into bankruptcy. It’s the largest category of debt in the United States. Even if patients recover, the weight of medical bills can ruin their lives. Well, it’s even worse than we or the government or anybody else thought. A study from JAMA (Journal of the American Medical Association) just published in July tells us that collection agencies held $140 billion in unpaid medical bills in 2020. (The study covers January 2009 to June 2020.) A previous study done in 2016 indicated the amount was almost half that — $81 billion. It gets… Read More

A debt collector has served you with a complaint for non-payment of debt. Before you were served, you tried to negotiate, but to no avail. What should you do now? Depending on the situation, here are some possibilities to defend against a debt collection lawsuit in Florida. 1. Consider Hiring a Florida Debt Collection Defense Attorney If the debt is substantial, you should at least consult with a debt collection attorney. There may be defenses of which you may be unaware or need help arguing. See our blog post, Do I Need a Florida Debt Collection Defense Attorney? Many attorneys, including… Read More

On Thursday, June 24, the Biden Administration announced that it is extending the tenant eviction and federal mortgage foreclosure moratorium until July 31. The order was signed by CDC Director Rochelle Walensky. The moratorium was in place to help those suffering economic problems due to the coronavirus pandemic. This moratorium is particularly important in states like Florida which have no state eviction moratorium. According to the CDC, “The COVID-19 pandemic has presented a historic threat to the nation’s public health. Keeping people in their homes and out of crowded or congregate settings — like homeless shelters — by preventing evictions… Read More

In our recent blog post, What to Expect if You Face Wage Garnishment in Florida, we discussed the basics of wage garnishment in Florida. It included a discussion of how much of your wages can be withheld and sent to your creditors. You have a lot more options to deal with your creditors before they start garnishing your wages than if you wait. However, if that’s water under the bridge, and you are at the point where your wages are being garnished, you still have some limited options. Let’s explore the possibilities to fight wage garnishment as well as some… Read More