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Being sued by a debt collector in Florida can feel overwhelming. You may have tried negotiating before being served, but once a lawsuit is filed, the stakes are much higher. Ignoring the lawsuit can lead to default judgment, wage garnishment, bank levies, and long-term financial damage. The good news is there are proven strategies for fighting debt collection lawsuits and learning how to beat debt collectors in court. Depending on your situation, you may even be able to get a debt lawsuit dismissed or reach a more favorable resolution. This blog explains how to fight debt collectors in court and… Read More

As a consumer, you have important rights under both federal and state laws to stop harassment from debt collectors. The Fair Debt Collection Practices Act (FDCPA) is a federal law designed to protect you from abusive or excessive contact. One powerful tool it provides is the ability to send a Cease and Desist Letter to debt collector. Federal law allows you to clearly communicate to debt collectors that you want them to stop contacting you — but this request must be made in writing to be legally effective. Simply asking over the phone will not suffice. In this article, we… Read More

When consumers file bankruptcy, they often wonder whether a debt collector can still collect on a debt discharged in bankruptcy. The answer: No. Creditors must cease trying to collect a discharged debt from bankruptcy filers. Understanding Bankruptcy Discharge A bankruptcy discharge is a court order that releases a debtor from personal liability for certain debts. This means that the debtor is no longer legally required to pay any debts that are discharged. The discharge is a permanent order that prohibits creditors from taking any form of collection action on discharged debts, including phone calls, letters, and legal actions. Essentially, a… Read More

Declaring Chapter 7 bankruptcy can feel overwhelming, but it’s an excellent opportunity to eliminate a majority of your debts. One concern for individuals after a bankruptcy filing is, “How soon can I buy a house after Chapter 7?” Understanding the loan waiting period and other criteria for buying a house after Chapter 7 can help you to make solid plans for homeownership while alleviating a lot of stress. In this guide we’ll discuss typical “waiting periods” for each type of mortgage loan, eligibility factors, and the best way to increase your odds of owning a home after filing bankruptcy Understanding… Read More

When someone signs a mortgage, they are optimistic that they can make it. At the end of all the payments, they will have their own space, free and clear of debt. However, things don’t always go according to plan. For people who are behind on their mortgage – especially with threats of foreclosure, it can be a terrifying experience. Many homeowners who fall behind benefit from working with professionals to resolve their mortgage issues, often describing it as an amazing experience. To help you navigate your way through the process, here’s what you should do when you’re behind on your… Read More

As a Florida law firm dedicated to helping individuals manage overwhelming debt and avoid serious financial consequences, we often receive questions about voluntary repossession also known as voluntary car repossession or voluntary surrender. This situation usually arises when someone can no longer afford their monthly car payments and fears their vehicle might be taken back by the lender. Instead of waiting for the lender to send a repossession agent, some borrowers choose to voluntarily return the car to the lender in hopes of minimizing damage to their credit and avoiding additional fees or stress. What Is Voluntary Repossession? Voluntary repossession… Read More

Have you been getting debt collection letters and phone calls from an organization you don’t recognize? Chances are your debt may have been sold to a junk debt buyer. There was a time when a company might just give up on collecting debts, particularly small ones, if they couldn’t collect them easily. These days, if a company cannot collect a debt, they often just sell it to a junk debt buyer for pennies on the dollar. At some point, many companies today would like to get a little money rather than expend resources pursuing a hard-to-collect debt. As an added… Read More

This article is about write-offs on your credit report. When a lender writes off your account, the entry appears on your credit report — that’s what we cover here. If you’re looking for the accounting use of the term (the way businesses write off bad debts on their books), this article isn’t that. We focus on what it means for your credit, your credit score, and what you can do about it. When the Write-Off on Your Florida Credit Report Is Wrong — What You Can Do A write-off (or charge-off) on a Florida consumer’s credit report is one of… Read More

Worried about what happens to jointly owned property in Chapter 7 bankruptcy if you file for Chapter 7 bankruptcy in Florida? This article will explain how your share of jointly owned property in Chapter 7 assets, such as homes or bank accounts, becomes part of the bankruptcy estate. We’ll cover the risks to these assets, protections for non-filing spouses, and differences between community property and common law states. Key Takeaways In Chapter 7 bankruptcy in Florida, a filing spouse’s ownership interest in jointly owned property is included in the bankruptcy estate, which can be liquidated to pay off debts –… Read More

If you’re accused of murder, you know you need to hire an attorney. But what if you just owe debts you can’t pay? When should you handle it yourself, and when do you need a Florida debt collection defense attorney? When you are already overwhelmed with debt, you may hesitate to get legal help, because you are afraid of just adding to your debt. However, understanding consumer law is crucial for navigating debt collection issues and protecting yourself from unfair practices. In many situations, a lawyer can save you money and give you a lifeline to getting your life back… Read More