Blog

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

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

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. But in many situations, a lawyer can save you money and give you a lifeline to getting your life back on track. That doesn’t mean you always need the help of a lawyer. Let’s look at… 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

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 credit card debt, auto loans, bank debts and other consumer debts go unpaid, the holders of the debts often sell them to third-party debt buyers. If you didn’t pay your credit card, it’s a good bet that the credit card company sold it to a debt buyer. Midland Funding is one of the biggest debt buyers in… 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