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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

If you are struggling with debt, you will want to know about the latest debt collection limitations rules released  on December 18, 2020, that cover Information debt collectors must reveal to you about your debt When debt collectors can add information to consumer credit reports Limits on actions regarding debts that are past the statute of limitations for litigation Last month we told you that the Consumer Financial Protection Bureau (CFPB), after seven years of preparation, was releasing the Final Rule of the Fair Debt Collection Practices Act (FDCPA). The Final Rule was released in three parts, and last month… Read More

You are probably tired of hearing about the importance of checking your credit score regularly. But an ostrich with their head in the sand is an easy target for lions, and if you are not regularly checking your credit reports, you may fall prey to increasingly worse financial difficulties. What Is a Credit Score? A credit score is a number used to convey how likely you are to repay lenders or become delinquent. Usually people are talking about a FICO score (developed by Fair Isaac Corporation), but there are other measurements. The big three credit agencies all use FICO scores… Read More

In July, 2020, the Consumer Financial Protection Bureau published a quarterly report on Recent Trends in Debt Settlement and Credit Counseling.  The report comes from work undertaken by the Bureau to highlight developments for customers who are no longer able to handle their unsecured loans. Debt settlements rose dramatically during the Great Recession into a peak of $11.4 billion. Over half of those settlements occurred within a year of the accounts becoming delinquent.  Debt settlement and credit counseling became less common after that recession, but recently settlements have been rising after changes in delinquencies and charge hindrance. Nearly one in thirteen… Read More

While you were stuck at home, debt collectors saw fish in a barrel to collect on past due balances While so many consumers and small businesses are fighting tooth and nail to stay afloat, a survey from Prodigal Technologies, Inc, indicates that more than half of Debt Collectors outperformed their pre-COVID metrics.  Prodigal’s press release on their survey attributes several factors to the uptrend, but one factor in particular for successful debt collection firms was that they were better able to track borrowers while consumers were stuck at home with Safer-at-Home orders. This data should be an important point for… Read More