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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

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

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

January 22, 2021 – Clearwater, FL– The Law Office of Michael A. Ziegler: Debt Fighters, a Florida law firm that helps consumers overcome debt problems, announced today the appointment of partner Kaelyn Steinkraus Diamond to shareholder partner. The firm will now be known as Ziegler Diamond Law: Debt Fighters. “Kaelyn’s passion and expertise for protecting our clients from illegal debt collecting activities have made her a tremendous asset to the firm,” said Managing Partner Michael Ziegler. “I am proud to have her name appear next to mine.” Mrs. Diamond first began working at the firm as a law clerk in… Read More

Last month, we advised you to check your credit report throughout the year. But you are not only checking for errors. One of the things you are looking for is whether you may be a victim of debt parking, sometimes referred to as passive debt collection. When you check your credit report, you may find it contains mistakes that indicate delinquent debts that you already paid or never owed at all. Those faulty debts are not always caused by mistakes. Unethical debt collection companies have been placing fake debts on consumer credit reports for the sole purpose of coercing payment… Read More

It is with great enthusiasm that we announce out 2nd scholarship winner.  The Debt Fighters support an academic scholarship contest for students who share a time in their life where they learn the importance of financial planning and discuss their financial plan going into the future. Peyton Myles, a student based in California, started her own dance company at 17 years old, and has taken much of the profit from her business and dedicated it to charity.  In the meantime, she works at the local hospital and is interning at a law firm.  Her essay shows incredible attention to financial… Read More

The law governing consumer debt collection is changing. For starters, third-party debt collectors will soon be able to contact you on social media. Just what we all wanted, debt collectors friending us on Facebook. But there’s a whole lot more. For seven years, the Consumer Financial Protection Bureau has been working on the Final Rule to apply the Fair Debt Collection Practices Act.  Whether you know it or not, if you are one of the 68 million American adults in debt collection, this will have a big impact on you. The National Law Review calls these updates “the most significant… Read More