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debt collection
26
Nov

Most forms of debt have what is called a “statute of limitations”, a date after which a lawsuit to collect the debt will fail because the debt is too old, if the allegation that the debt is too old is proven in court.  Many local courts have held that it is unlawful to threaten a lawsuit or file a lawsuit... Read More

consumer protection
19
Nov

A great opinion came out of the Second District Court of Appeals recently, the case of Katrina Bushnell v. Portfolio Recovery Associates, Case No. 2D17-429.  Portfolio is what is commonly called a “debt buyer” and anyone who has read our blogs knows our office has had a great deal of success fighting cases with debt buyers for our clients.  ... Read More

12
Nov

Florida Statutes §702.12, Coming on October 1, 2018, May Create a Streamlined Foreclosure Procedure against Borrowers who have Previously Filed for Bankruptcy Protection If you are a borrower who has previously filed for bankruptcy protection and you are now potentially looking at possible foreclosure action by your lender after October 1, 2018, you need to take note.  Senate Bill No.... Read More

Foreclosure
9
Nov

We’re being told that the economy overall has been improving and that the jobless rate has dropped to a multi-year low.  From this type of encouraging economic statistics you might think that the foreclosure crisis has finally reached its end but unfortunately, we are now seeing statistics that show that foreclosure filings in Florida for July were up 35% over... Read More

341 meeting
5
Nov

When you file for bankruptcy relief in Fort Lauderdale, or throughout Florida,  you are required to attend a 341 Meeting of Creditors. This meeting gives the trustee administering your bankruptcy case an opportunity to verify your identity, income, expenses, and to confirm that you disclosed all of your assets and debts in your bankruptcy petition. The trustee will do this... Read More

1
Nov

Many people look forward to getting their tax refunds every year to catch up on necessary expenses, buy clothing for their children, pay tuition, and other necessities. Before filing chapter 7 bankruptcy, it is important to take certain factors into consideration to avoid losing your long-awaited tax refund to your creditors. When you file bankruptcy, everything you own (including cash,... Read More

29
Oct

With credit scores and history of ever-growing importance, it is not unexpected that there are sectors created to capitalize on the lack of credit or even the bad credit of consumers.  One fringe industry that has gained notoriety for exploiting the lack of credit or bad credit of consumers is the “buy here, pay here” car dealerships. These dealerships, touted as a... Read More

DIY
15
Oct

There is no question that YouTube, HGTV and other such programs have sparked the imagination and encouraged the prevalence of a “do-it-yourself” or DIY approach. You can literally find anything online from the best way to give yourself a haircut to building a house in a matter of seconds. With so much information at your fingertips, it is easy to... Read More

FCRA
28
Sep

As we head into the final quarter of 2018, this time is as good as any for you to take a look at your financial health. While the task overall may seem daunting, particularly if you have avoided the issue of your financial health for an extended period of time, it is best to face the challenges and fear head... Read More

fdcpa
17
Sep

Courts in the United States cannot enter a ruling on anything that a judge finds interesting or on any matter that a judge thinks is important.  There are a number of requirements before someone can bring a lawsuit to a court, one of which is that they have to have an actual injury.  Lawsuits can’t be speculative in nature, the... Read More