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If you are considering filing for bankruptcy and are receiving disability benefits, no doubt one of your biggest questions is whether or not your disability payments will be protected. Normally, you will be able to keep them. They will be protected from the bankruptcy trustee, but all are not treated the same. There are basically three types of disability benefits: Social Security Veterans Private The Three Categories In a Chapter 7 dissolution bankruptcy, assets that are not exempt may be sold by the bankruptcy trustee for the sake of creditors. In a Chapter 13 reorganization bankruptcy, the trustee cannot sell… Read More

Are you being sued by TD Auto Finance? Are you afraid you will be soon? Keep reading. A Little Background TD Auto Finance is an indirect auto financing company that finances cars through car dealerships. They are actually a subsidiary of TD Bank, which is one of the 10 biggest banks in the United States.  TD Bank has branches throughout Florida, various other states and Canada. TD Auto Finance and TD Bank are members of TD Bank Group. TD Bank Group is quite a big outfit with over $900 billion in assets. They have more than 83,000 employees worldwide. The… 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

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

Updated for 2026. Federal Regulation F (the CFPB’s debt collection rule) now governs how collectors can contact you — including new limits on call frequency (no more than 7 calls in 7 days about a single debt), email and text contact rules, and required validation notices. The tactical advice below works alongside those updated federal protections plus Florida’s FCCPA protections. 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… 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

If you are having trouble making ends meet, the last thing you want is for your creditor to garnish your wages. A wage garnishment, also known as a wage attachment, is an order the court sends to your employer telling them to withhold money from your paycheck and sent it to the creditor. As you can imagine, this will not endear you to your employer. However, they can’t fire you for it unless you have more than one garnishment. However, under Florida law, your employer can deduct the amount from your paycheck that it cost them to obey a wage… Read More

How a Creditor Gets a Default Judgment Against You If a creditor is unable to collect a debt from you, eventually they will file a complaint against you in court. The court issues a summons notifying you of the suit. The plaintiff must then properly serve you with the summons and complaint within the procedures set out by Florida law. In Florida, once you have been served, you have 20 days to file a response with the court if you want to avoid a default judgment. Should you miss that deadline, the plaintiff will then request the court to order… Read More

There are many financial requirements you must meet to be discharged in bankruptcy in Florida.  But there are also requirements that govern where to file for bankruptcy. Keep in mind that bankruptcy actions are established under federal law. You will not file bankruptcy in state court, but rather in federal bankruptcy court. The federal district where you file determines where your case will be heard. What is the Basis for Where to File for Bankruptcy? When filing a bankruptcy petition, these three factors may govern where you file. For a consumer bankruptcy, normally you will file in the same district… Read More

How can we help?BankruptcyDebt Lawsuit DefenseCreditor HarassmentCredit Report IssuesOther Get My Free Consultation → Rated 4.9 out of 5 ★★★★★ Based on 408 Google reviews of Ziegler Diamond Law Credentials & Trust ✓ Members, The Florida Bar ✓ Members, NACBA (National Association of Consumer Bankruptcy Attorneys) ✓ BBB Accredited Business ✓ 4.9 ★ on Google (408 reviews) Have you received a debt collection letter from Midland Funding, LLC? Or maybe you received a complaint or court notice from Midland Credit Management (MCM)? You may ask yourself “Who are these people? I didn’t buy anything from any company called Midland!” When… Read More