I am being sued by a debt collector, what happens if I ignore it and do not show up in court?

In Florida, most debt collection cases are brought in small claims court.  When the case is filed, the court immediately sets a date for a pretrial conference for each party to appear and try to resolve the case with an agreement.  Other cases that involve debts are $8,000 or more are filed in either county or circuit court.  In these cases, the court does not have an automatic court date set up.  The defendant has 20 days from the date of service of the lawsuit to file a legally sufficient response to the lawsuit and raise any defenses are counterclaims that they may wish to assert.

If a defendant fails to show up for the pretrial conference in a small claims case or if a defendant fails to respond to the lawsuit within 20 days in a county or circuit case, the court can enter a default and award the debt collector a judgment for the full amount of the debt, plus interest, court costs, and in some cases, attorney’s fees.  I am amazed at the number of people I see being sued who just ignore these lawsuits and allow the debt collectors to get a final judgment.  This is a HUGE mistake.

In Florida, a judgment is collectible for 20 years and the court can extend that for another 20 years.  Many of these judgment sits for years, sometimes 19 years with no collection activity.  By that time, the defendant barely remembers being sued, but they still owe the money in the judgment, but now so much interest has added up, the amount due can be 3 or 4 times the amount when the judgment was entered.  Out of nowhere, we see people’s bank accounts and wages being garnished for judgments that are many years old.

The absolute worst thing you could do is to ignore that debt collector’s lawsuit.   If you find yourself being sued by a debt collector, call us for your free consultation.  If a debt collector is suing you, we can almost always get those cases dismissed without you having to pay a penny.  If we uncover a debt collection violation, we may be able to turn the tables on the debt collector and sue them on your behalf.

Whatever you do, do not allow the debt collector to get a judgment against you.  There are many ways to fight these cases.  If you have been sued by a debt collector, call Loan Lawyers at 1-888-FIGHT-13 for your free consultation, and let’s talk about what you can expect if you hire us.  Even if you think you cannot afford to hire a lawyer, please call us.  First of all, we may end up taking your case on contingency (meaning no fees or costs up front) if we uncover a debt collection violation.  Even if you must pay us something, our fees are reasonable and we will give you a payment plan.  We will bend over backward to help you and to help create a payment structure that works for you.  You have nothing to lose, so do not just bury your head in the sand.  Call Loan Lawyers right now at 1-888-FIGHT-13 for your free consultation.  You will not be sorry you did.

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5 Steps if You Have Been Sued by Andreu Palma Lavin & Solis, PLLC

If you have received notice that Andreu Palma Lavin & Solis, PLLC has filed a lawsuit against you, it is likely that you are worried about your future. You may not know what to do next, or how to protect yourself. Any time you are sued over a debt, it is important to speak to a consumer debt defense lawyer in Fort Lauderdale. An attorney will know the most important steps to take, help you through the process, and give you the best chance of a successful outcome in your case.

Andreu Palma Lavin & Solis, PLLC, is a Debt Collection Company

Andreu Palma Lavin & Solis, PLLC, is a debt collection company based in Miami, Florida. The Florida Department of Corporations shows that the agency was established in 2003. The partners of the firm are Juan G. Andreu, Jorge Palma, Yulexy Solis, and Desiree Lavin. None of the managing partners had any disciplinary actions taken against them in the past ten years, as of June of 2021.

However, while the managing partners have not faced any disciplinary action, they have had 13 complaints lodged against them with the Better Business Bureau (BBB) as of June of 2021. Despite this, the BBB has assigned the agency an “A+” rating.

Andreu Palma Lavin & Solis, PLLC is a third party debt collector. This means they purchase borrowers’ accounts from various creditors, including credit card companies, for pennies on the dollar. Once they have purchased the accounts, they then start legal action, such as filing a lawsuit against a borrower, to collect on the debt. When they win their lawsuits, they can then pursue it and any debt they recover as a result goes towards their own profits.

If the firm has filed a lawsuit against you, it is likely that they are claiming you owe a certain consumer debt. Facing these arguments is difficult, but there are steps you can take to protect yourself and your financial future.

Appear in Court

Most debt collectors sue borrowers in the hopes that the defendant, or the person being sued, will simply ignore it. There are three different levels of courts in Florida. These are small claims court, circuit court, and county court. If your case is one for small claims court, you must attend a hearing. If you must appear in circuit or county court, you have twenty days to respond to the lawsuit in writing.

If you do not respond in county or circuit court, or you fail to appear in small claims court, Andreu Palma Lavin & Solis, PLLC will likely secure a default judgment against you. When that happens, the debt collector can then take other action, such as garnishing your wages or levying your bank account. It is for this reason that you respond to the lawsuit as soon as possible.

By simply responding or appearing in court, you will give yourself a much better chance of winning your case. Do not respond or appear in court on your own, though. A Fort Lauderdale debt defense lawyer will explain the next steps to take and represent you throughout the process to give you the best chance of a positive outcome.

Review the Records

Many consumers do not know how debt collection works. They often do not know that before a debt collector sues them, the account for the debt has changed hands several times. As the account moves from one debt collector to another, paperwork becomes lost and left behind. This is important, as it could serve as a defense in your case against Andreu Palma Lavin & Solis, PLLC.

Any time a debt collector sues you, they must prove that they have standing. This means they have a right to file the lawsuit because if you do not pay the debt, it will cause them harm. Debt collectors often cannot prove this fact because they do not have the appropriate paperwork, whether they never received it or it just became lost along the way.

It is critical that you or your lawyer fully reviews the paperwork associated with the debt. While reviewing the paperwork, make sure that Andreu Palma Lavin & Solis, PLLC actually owns the debt, that the amount is accurate, and that you owe the debt. If any of those facts are untrue, it can serve as a defense in your case.

Evaluate Your Options

If Andreu Palma Lavin & Solis, PLLC actually owns the debt and has the paperwork to prove it, and you actually owe the debt, you may think you are out of options. Fortunately, that is not true. You may still have many options to help with your case, including filing for bankruptcy. You should also consider settling the debt, or other options, such as building a strong defense for your case. A debt defense lawyer in Fort Lauderdale can explain your options and advise on which one is right for you.

Negotiate

It is often possible to negotiate with debt collectors to pay a smaller amount. These agencies would rather recover a portion of the debt rather than nothing at all, so they are more often than not willing to negotiate and allow you to pay a smaller portion of the debt. It is always important to work with a lawyer when negotiating, as they do it every day.

Draft a Settlement Agreement

If you are able to negotiate a debt settlement, make sure it is in writing. If it is not, you may pay the amount required, only to find that Andreu Palma Lavin & Solis, PLLC, comes back at some point in the future, trying to collect on the debt.

Call Our Debt Defense Lawyers in Fort Lauderdale Today

If you have been sued by Andreu Palma Lavin & Solis, our Fort Lauderdale debt defense lawyers can help. At Loan Lawyers, we know how to build a solid defense in your case, and can negotiate with debt collectors on your behalf. Call us today at (954) 523-4357 or contact us online to schedule a free consultation.

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Steps to Stop Foreclosure

Foreclosures in Florida must go through a judicial process. This means that if a lender or homeowners’ association wants to foreclose on a property, they must obtain a judge’s approval first. Before an agency or organization can foreclose on a property, they must file a lawsuit in the same circuit court in which the property is located. The law in Florida stipulates that all mortgage foreclosure cases are heard in a court of equity. A court of equity has the authorization to apply principles of fairness, along with legal defenses. This means a judge in these courts can examine acts by the lender that would render the foreclosure unfair.

During the foreclosure process, you can challenge the foreclosure by raising certain defenses in the case. It is always important to speak to a foreclosure lawyer in Broward County when facing foreclosure, but this is especially true when the sale of the property has already been scheduled. You may still have options available to stop the foreclosure, but time is of the essence.

Equity vs. Defenses in Foreclosure Trial

Although a foreclosure trial must be held in order for a lender to move forward in the process, these trials are not heard by a jury. These cases are argued in front of a judge and the judge alone will make the final decision on the case. As the homeowner, the burden is on you to convince the judge to rule in their favor. Judges are less likely to apply principles of equity, or fairness, than juries. As a result, it is important to speak to a Broward County foreclosure defense lawyer that can help you prepare solid arguments for your case.

Unclean Hands Can Provide a Defense

Proving unclean hands, or the fact that the lender engaged in an illegal or fraudulent transaction. For example, a lender may tell you that you can delay your mortgage payments for a certain period of time. If you do, and they foreclose on the property anyway, that is a case of unclean hands because the lender fraudulently told you something that was not true.

Proving unclean hands is never easy. It takes extensive legal knowledge and expertise to prove this defense. You do not only have to prove the lender had unclean hands, but also that it caused you a detriment, or harm. Also, the act that constitutes unclean hands must also be tied to a failure to make mortgage payments.

Conditions Precedent Can Provide a Defense

Conditions precedent means that something must happen before performance under the contract is due. In foreclosure cases, one of the most common condition precedent seen is a lack of notice of default. However, there are many different conditions precedent that can provide a defense in foreclosure cases.

Lack of Notice of Default Can Provide a Defense

The majority of mortgage loan documents include a requirement that the lender must provide notice to the borrower when the loan falls into default. When loan documents include this requirement, it is usually found in paragraph 22 of the mortgage. Not only must lenders notify borrowers of the default, but the notice must include actions the borrower can take to remedy the situation before the lender continues with foreclosure action. The notice must also give borrowers a minimum of 30 days to remedy the situation before the foreclosure process can begin.

A lack of notice of default is an affirmative defense. This means that you agree that you fell behind on mortgage payments, but that the lender also did not meet their requirements. If you raise this defense in the case, the lender then has the burden of proof to show that they sent you this notice in accordance with the agreement, and that they met all other conditions related to it.

Chapter 13 Bankruptcy Can Stop Foreclosure

A Chapter 13 bankruptcy allows you to take your eligible debt, which includes your mortgage, and reorganize it into a three to five year repayment plan. This does not mean you have to repay the entire mortgage loan in that period of time. You will only have to pay the amount that is already past due.

A Chapter 13 bankruptcy actually forces the lender to allow you more time to repay the defaulted amount because these cases are overseen by the U.S. bankruptcy trustee. You do not have to apply for a loan modification through the lender. A mediator may also be assigned to your case to streamline the process and prevent unnecessary delays, such as if the lender does wrongfully deny the modification.

Canceling the Foreclosure Sale

If you file for bankruptcy, an automatic stay will go into effect immediately. This means that all lenders and creditors must stop all attempts to collect on a debt, and that includes a foreclosure sale. Even if you file for bankruptcy on the same day as the foreclosure sale, the automatic stay will go into effect and the foreclosure sale must be stopped, as long as you file before the start of the sale. It is important to know though, that once the automatic stay is lifted, the lender can proceed with the foreclosure sale.

Voiding a Foreclosure Sale

Even if the foreclosure sale has already been held, there are still ways you can void the foreclosure sale and stop the process. Lenders must follow very strict procedures when holding a foreclosure sale. There must also not have been any irregularities in the sale process. Voiding a foreclosure sale is extremely difficult, and there are many obstacles to overcome. As such, it is important to always work with a foreclosure defense lawyer.

Call Our Foreclosure Defense Law Firm in Broward County Today

If your lender has taken action to take back your home, our Broward County foreclosure defense law firm is here to help. At Loan Lawyers, we have helped thousands of people keep their home, and we want to put our experience to work for you. Call us today at (954) 523-4357 or contact us online to schedule a free case review and to learn more about how we can help.

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Is Bankruptcy or a Debt Management Plan the Better Option?

Many people know that bankruptcy can be a great relief to many of their financial problems. Still, they believe there is still a stigma attached to it, and they are concerned about the long-term consequences they will face. It is not uncommon for people to explore many different options before they start the bankruptcy process, and one of these is often a debt management plan. If you have thought about filing for bankruptcy in Florida, and you also want to know about debt management plans, below is a breakdown of the two processes, and the possible outcomes.

What are Debt Management Plans?

Debt management plans, or DMPs, are programs credit counselors offer to  help borrowers maintain control of their unsecured debt. The borrower makes one payment every month to the credit counseling agency, and the agency then divides it between the creditors the consumer owes debt to. When working on a debt management plan with a credit counselor, the process is usually as follows:

• You will collect all details of your different loan and credit accounts and provide them to the credit counseling agency.
• A credit counselor will then negotiate with all of your creditors and come to an agreement in which you pay a smaller amount every month. Creditors will typically agree to charge lower fees, a lower interest rate, or to extend the life of the loan or the account.
• You sign an agreement stating that you will pay the lower amount negotiated by the credit agency over a certain period.

Chapter 7 and Chapter 13 Bankruptcy

People considering a debt management plan are also often considering filing for bankruptcy. There are typically two types of bankruptcy consumers file. The first is Chapter 7 bankruptcy. In this type of bankruptcy, most of all of your debts can be discharged, but you may lose some assets during the process. In a Chapter 13 bankruptcy, your debts are restructured into a new payment plan. You will then have a certain amount of time to repay the debt making regular payments, and you will likely not lose any assets.

The Length of the Processes

The timeline of a Chapter 13 bankruptcy case and a debt management program are often very similar. After you file Chapter 13 bankruptcy, the repayment plan will likely extend between the next three and five years. In a debt management plan, you will usually have to repay the debt over the next five years. A Chapter 7 bankruptcy, on the other hand, will discharge you of your debts very quickly, usually taking only four to six months.

Creditor Protection

When filing both Chapter 7 and Chapter 13 bankruptcy, a bankruptcy judge will issue an automatic stay. The automatic stay means that creditors and debt collectors are prohibited from contacting you and trying to collect on the debt. With a debt management plan, there is no automatic stay available and so, creditors can still contact and harass you about the debt. A credit counselor will usually try to come to an agreement with creditors and debt collectors that they will not contact you, but their cooperation is not required.

Forgiven Debts

People generally consider filing for bankruptcy because they want to eliminate some of their debt. A Chapter 7 bankruptcy allows for the forgiveness of the greatest amounts of debt. This is known as discharging debts and while you can eliminate certain debt, such as credit card balances, car loans, and even mortgages, in a Chapter 7, you cannot discharge others. For example, tax debt and child support payments cannot be discharged.

During a Chapter 13 bankruptcy, some debts may be discharged, but you will likely have to repay some of them. Again, child support and tax debt are two types you cannot discharge in Chapter 13. However, you may be able to discharge some credit card debt. The only time borrowers must repay unsecured debt in a Chapter 13 bankruptcy is when they have sufficient income to do so.

A debt management plan will not discharge any of your debt. A credit counselor will work with your creditors and other debt collectors to negotiate forgiven fees and reduced interest rates, but the amount of debt is not usually lowered or eliminated.

Impact on Credit Score

If you are in debt, any action you take will impact your credit score. If you enter into a debt management plan, it will appear on your credit report, although it will not affect your credit score. However, the actions taken as part of the plan might. For example, if any of your debt accounts are closed, it will impact the amount of credit you currently have available, which could negatively affect your credit score.

Filing bankruptcy will likely have a bigger effect on your credit score, but the impact will likely be shorter. Filing Chapter 7 may drop your credit score down to anywhere between 520 and 550. Still, in just two or three years, you can bring your score back up to one considered “excellent,” especially if you use the money management tips offered in the mandatory credit counseling course. A Chapter 7 bankruptcy will remain on your credit report for ten years.

A Chapter 13 bankruptcy will only remain on your credit report for seven years from the date you filed, if you complete the repayment plan. If you do not follow the repayment plan, the bankruptcy will remain on your credit score for ten years.

Our Bankruptcy Lawyer in Fort Lauderdale Can Help You Through the Process

Everyone struggles with financial problems sometimes and when you do, there are many options available. At Loan Lawyers, our Fort Lauderdale bankruptcy lawyer can advise on which option is right for you and help you through whichever process is most appropriate. When you are struggling with debt, call us at (954) 523-4357 or fill out our online form to schedule a free consultation and to obtain the sound legal advice you need.

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What to Do if Encore Capital Group is Harassing You

Encore Capital Group is the largest publicly traded debt purchaser in Florida, and throughout the country. In fact, Encore Capital Group operates in 15 countries internationally. The company also goes by the names Midland Credit Management and Midland Funding. Just because the company is so large though, does not mean they always comply with the law. Encore Capital Group, like so many other debt collectors, has been known to violate the rights of consumers. If you have been harassed by the company, or they have contacted you over a debt they allege you owe, it is important to contact a Fort Lauderdale debt defense lawyer.

Who is Encore Capital Group?

Encore Capital Group is not a scam, despite the harassing and threatening tactics the company sometimes uses. They are a legitimate company that was founded in Kansas over 60 years ago in 1953. Today, the company is based in San Diego, California, but they have offices and headquarters in many cities, including Boca Raton right here in Florida.

Encore Capital Group is a debt collection agency that purchases consumer debt from creditors and other debt collectors. They buy borrowers’ accounts for just pennies on the dollar and they then have the legal right to pursue the debt, as long as the right procedure was followed. Any debt the company recovers is then added to their own profits. Due to the fact that the debt recovered by the company is directly tied to the company’s revenue, the debt collectors are very aggressive when collecting on the debt. Additionally, they do not always follow the proper procedure, and they have even been known to break the law.

Common Complaints Against Encore Capital Group

The majority of complaints against Encore Capital Group cite violations of the Fair Debt Collection Practices Act (FDCPA). This federal law outlines many rules for debt collectors to ensure the rights of borrowers are upheld. Some borrowers have accused the company of making false representations or statements when trying to collect on the debt. This is a violation of the FDCPA. For example, a debt collector cannot tell you that they will file a lawsuit against you if they have no intention of doing so. They also cannot threaten to have you arrested or make other threats that infringe on your rights.

Accusations of improper communication tactics are common against Encore Capital Group. For example, under the FDCPA, debt collectors cannot call your employer, friends, or family and discuss the debt with you, and they can only call you during certain times of the day. Any time Encore Capital Group, or any other debt collector, calls before 8:00 a.m. or 9:00 p.m., they are violating the law and can be held accountable for it.

The Consumer Financial Protection Bureau (CFPB) had recorded over 10,000 complaints related to Encore Capital Group and that was by August of 2018 alone. Improper communication tactics and threatening lawsuits are some of the most common complaints, but there are others, as well. One of the very common complaints is when an original creditor had removed the debt from a borrower’s credit report, but Encore Capital Group had reported the debt again. Debt collectors must also remove a reported debt to credit reporting bureaus within seven years of the last date of payment.

Can Encore Capital Group Garnish My Wages?

It is true that Encore Capital Group cannot threaten to garnish your wages or file a lawsuit against you under the FDCPA. However, that does not mean they cannot take either action. They can send you a written notice of a lawsuit, and they can contact you by phone or text. When using the latter two types of communication, the company cannot contact you before 8:00 a.m. or 9:00 p.m.

If Encore Capital Group does file a lawsuit against you, they are hoping you will ignore notice of the legal action. Many borrowers do, and that only works against them in the future. Ignoring the lawsuit will allow the company to take the case to court, even though you do not appear at the hearing. The company will likely ask the judge for a default judgment and if you do not show up, they will likely be successful with it. At that point, they will win their case and garnish your wages or take other legal action that will hurt you financially.

What to Do if Encore Capital Group Contacts You

Any time Encore Capital Group contacts you, even if they do not threaten to sue, it is important to determine if they have violated your rights by doing so.

The company may be in violation of the law if they have taken any of the following actions:

• Contacts you about a debt that is not yours
• Contacts you about a debt, claiming you owe more than you do
• Unable to prove the debt is yours
• Tries to collect the debt without authorization from the original creditor to do so
• Uses automated robocalls to try and collect the debt
• Tries to intimidate you
• Uses inappropriate language while speaking to you
• Accuses you of criminal behavior and/or threatens arrest
• Threatens you with violence, a lawsuit, or negative credit reporting
• Calls you at work
• Calls your family, friends, neighbors, and co-workers and discusses the debt with them
• Calls you multiple times a day or week
• Contacts you outside of the allotted hours

If Encore Capital Group has taken any of the above actions, it is important to speak to a Fort Lauderdale debt defense lawyer. An attorney can help you file a lawsuit against the company so you can recover up to $1,000 in statutory damages, and perhaps even more, in damages.

Call Our Debt Defense Lawyers in Fort Lauderdale Today

If you have been harassed by Encore Capital Group, our Fort Lauderdale debt defense lawyers can help you make it right. Our skilled attorneys at Loan Lawyers can help you determine which legal action to take, and help you through the process. Call us today at (954) 523-4357 or contact us online to schedule a free consultation.

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I’m Thinking About Buying a Property at an Association Foreclosure Sale, is it a Good Idea?

When homeowners fall behind on Association monthly assessments they can end up in a position where they become Defendants in a foreclosure lawsuit filed by their Association. Associations will try to force the sale of the property to recover the amounts accrued in arrears. If successful in doing so, the property will be auctioned by the clerk of Court in the county where the property is located at an electronic sale which is open to the public. If you happen to come across a property that seems appealing, do your research. The doctrine of caveat emptor which is usually translated to “buyer beware” applies to potential buyers interested in purchasing these types of properties.

Properties that are up on these websites for foreclosure auction often have other liens attached apart from the Association foreclosure lien. A lien is a charge or encumbrance imposed upon specific property, for payment of some debt or obligation incurred, that gives a creditor the right to take action on its interest in the property. When you purchase a property at a foreclosure sale, you take title to the property subject to any liens on the property. There is no guarantee that you will take title to the property free and clear. This can become a major issue for purchasers if the property is subject to a mortgage that is in default and wrapped up in a mortgage foreclosure action. Purchasers of properties at foreclosure sales do not have a right to intervene in ongoing mortgage foreclosure actions and even if they purchase the property prior to the commencement of the mortgage foreclosure action, they are limited in the defenses they can raise. “Because they purchase property with constructive if not actual notice of the fact that the property is subject to a foreclosure suit, the law treats purchasers pendente lite—pending litigation—accordingly and holds that they have no right to insert themselves into the pending litigation to which they were not previously a party.” Green Emerald Homes, LLC v. 21st Mortg. Corp., 300 So. 3d 698, 707-08 (Fla. 2d DCA 2019). If you find yourself in a position where you purchased a property at an Association foreclosure sale either before a mortgage foreclosure case has been filed or afterwards, contact us to find out what your options are. We may be able to negotiate with the bank to get the mortgage paid off, have the sale reversed, or participate in the mortgage foreclosure case on your behalf as a purchaser of the property.

Contact an Experienced Fort Lauderdale Foreclosure Defense Attorney Today

Loan Lawyers has helped over 7,000 South Florida homeowners and consumers with their debt problems, we have saved over 3,000 homes from foreclosure, eliminated more than $100 million dollars in mortgage principal and consumer debt, and have recovered over $25 million dollars on behalf of our clients due to bank, loan servicer, and debt collector violations.  Contact us for a free consultation to see how we may be able to help you.

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Stages of a Chapter 7 Bankruptcy in Florida

If you are struggling financially and considering filing Chapter 7 bankruptcy, you have enough to worry about. While bankruptcy may allow you to discharge a good portion of your debt, or even all of it, the process may seem intimidating for those who have never been through it before. Preparing for the process is helpful, as it will let you know what to expect and ensure you have all the proper paperwork and documentation so there are no delays in your case. Below, our Fort Lauderdale bankruptcy lawyers explain the process so you are ready to move forward with it.

The Pre-Filing Stage

The pre-filing stage largely consists of meeting with your bankruptcy lawyer, making sure you have all your documents in order, and completing some of the mandatory requirements outlined by state and federal law.

The steps in the pre-filing stage are as follows:

• Meeting with your lawyer: You do not have to work with a Fort Lauderdale bankruptcy lawyer when filing, but it is strongly recommended that you do. Most bankruptcy lawyers will provide a free initial consultation. During this consultation, a lawyer will review your bankruptcy and non-bankruptcy options with you to determine if filing Chapter 7 is the best choice for your case. During this consultation, a lawyer will also inform you of the documentation you will need to collect and provide the lawyer with, so they can distribute it to the appropriate parties in your case.
• Credit counseling: The bankruptcy courts do not want borrowers filing bankruptcy just to get into trouble with debt again and perhaps need to restart the process. To avoid this, you must complete a mandatory credit counseling program. You must also take this course using one of the credit counseling agencies approved by the U.S. Trustee’s Office. The program only takes about one hour to complete, and you can complete it whenever it is convenient for you. Once you have completed the program, the provider will send you or your attorney a certificate of completion that you must include in your bankruptcy filing.
• Signing the petition: After you have completed the credit counseling program, you will likely meet with your lawyer once again. During this meeting, you can review the petition, statement of financial affairs, schedules, and creditors’ matrix to ensure they are accurate. If changes are necessary, your lawyer will make them and you then sign the petition and any other important paperwork.

The Post-Filing Stage

Once everything is prepared, your lawyer will file your petition electronically, along with any other important documentation necessary.

A number of important steps will follow this, and they include:

1. An automatic stay: After you file your petition, a bankruptcy judge will issue an automatic stay. This stay prevents your creditors from contacting you to try and collect on the debt, and from taking legal action. Some creditors may be provided relief from the stay but the majority of your creditors and debt collectors will be barred from contacting you. Your lawyer will send you a complete package of the documentation filed so you have copies for your own records.
2. Communicating with the trustee: Once you file your petition, the court will appoint a bankruptcy trustee to your case. The trustee will oversee the process and will essentially act as a middleman between you and the court. Your lawyer will provide the trustee in your case with all the necessary documents you are required to submit to the trustee, according to the amendments made to the Bankruptcy Code in 2005. Any communication between your lawyer and the trustee will also be sent to you.
3. The meeting of the creditors: After you file your petition, a meeting of the creditors is scheduled. During this meeting, the trustee will ask you questions about your financial situation, and the circumstances that led to you filing for bankruptcy. The trustee may also ask you questions about your statement of financial affairs or your schedules. The meeting must be held within 20 to 40 days after filing your petition. Usually, these meetings are held about 30 days after you file the petition. Your lawyer can represent you at this meeting and will inform you beforehand of the date, time, and location of the meeting. Your lawyer will also advise you of the typical questions the trustee may ask.
4. The financial management course: After your first meeting with the creditors, you must complete the pre-discharge financial management course. It is advised that this course is completed as soon as possible after the first meeting of the creditors. You can use the same credit counseling agency you used for your pre-bankruptcy credit counseling program. Once you have completed the financial management course, the agency will send your lawyer a certificate of completion that must be filed in your bankruptcy case.
5. The discharge: The purpose of a Chapter 7 bankruptcy is to discharge your debt, which means to legally eliminate them. Certain types of debt may not be able to be discharged, but you can likely discharge the majority of your debt. You should receive a discharge approximately 60 days after the first meeting of the creditors. There is an exception in some cases, such as if a creditor or the bankruptcy trustee objects to the discharge. However, this is not common.

Our Bankruptcy Lawyer in Fort Lauderdale Can Help You Through the Process

Filing for bankruptcy can bring you the relief you desperately need when you are struggling financially, but the process is not easy. At Loan Lawyers, our Fort Lauderdale bankruptcy attorneys can help you prepare for the process and fully explain every step along the way. We have helped thousands of consumers with their debt problems, and we want to put our experience to work for you, too. Call us today at (954) 523-4357 or fill out our online form to schedule a free consultation and to learn more about how we can help with your case.

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Loan Lawyers saved clients over $380,000 in credit card debt in November 2021

Although our final numbers for November are not yet in, Loan Lawyers is pleased to announce that we saved our clients at least $381,199.80 in consumer debt in the month of November 2021.  All of this was done without the need to file bankruptcy for these clients. If you have been sued over any old credit card debt, defaulted persona loan, defaulted student loans, automobile repossession, or any other type of debt, we would love the opportunity to speak with you and tell you what we think we can accomplish.  We have helped thousands of Floridians eliminate debt and get peace of mind.

One of the greatest aspects of our firm is that we have many ways in which we may be able to help you.  We are a litigation and trial law firm, and the debt collectors know that.  Having us on your team allows us to leverage our reputation to accomplish your goals.   While bankruptcy can be a great option for someone to get out of debt, we always try to avoid filing bankruptcy if we can.  However, if bankruptcy is really the best way to help someone, we offer bankruptcy representation as well.

If you consult with a law firm that does nothing but bankruptcy, that is what they are going to push you to do.  It may not be the wrong path, but it is often not the best path.  When you consult with Loan Lawyers, we will help you explore all possible options, and if we can help you eliminate your debt without bankruptcy, then that is what we are going to work on for you.

If you are being sued for any type of debt, call Loan lawyers now for your 100% free consultation.  Let us help you eliminate debt and restore peace of mind.

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What To Know About Answering a Debt Collection Summons

Loan Lawyers, LLC is licensed to practice law in the state of Florida. If you have a legal matter that you would like to discuss and you are NOT located in Florida, please contact your state’s Bar Association to get the information of a lawyer that can assist you in your home state. Thank you.

Being sued for debt is a terrible thing. If you have received a summons over a debt you are carrying, you are likely fearing the worst. You may wonder if you have to go to court or if you will be forced to pay the debt, and you will naturally have general concerns about your financial future. These concerns are valid, as many people that receive a summons have never been sued before.

However, before you go much further, you will first need to answer the summons. Many people do not know how to do this, either. When working with a Fort Lauderdale debt defense lawyer, they will ensure you answer the summons appropriately and give you the best chance of a positive outcome with your lawsuit.

Deadline for Filing an Answer to a Summons

It is important to know that there is a deadline for answering a lawsuit, and it is fairly strict. In Fort Lauderdale, as throughout the rest of Florida, you have only 20 days to file your answer to a debt collection summons. The 20 days begins the day after you are served with the summons and complaint and weekends are included within that time.

It is critical that you answer the summons within this time. If you do not, the debt collector will likely pursue a default judgment against you, and they will likely be successful with it. A default judgment means the debt collector automatically wins the case, and you automatically lose. Even if you have a valid defense in your case, if you do not answer the summons within the appropriate amount of time, you will lose. Always speak to a Fort Lauderdale debt defense lawyer any time you receive a summons so they can guide you through the important steps to take.

Address Every Issue Within the Complaint

Along with the summons, you will also receive a complaint. The complaint will outline all of the debt collector’s allegations against you, and it is important that you answer all of them. You can choose one of three responses within your answer. These are that you agree, you disagree, or you do not know. If you choose to disagree, you have an opportunity within your answer to explain why you are not in agreement.

It is generally recommended that you work with a debt collection lawyer when submitting your response. A lawyer will know how to properly respond, and whether you should agree, disagree, or state that you do not know. Many debt attorneys will advise you to make a general denial. This means you deny everything contained within the complaint, forcing the debt collector to prove all of their allegations.

Assert Affirmative Defenses

There are many affirmative defenses you can assert within your response. When you do this, you are essentially stating why the debt collector has no case. A lawyer can advise on which affirmative defenses are applicable in your case.

However, the ones most commonly used in debt collection cases are as follows:

You do not owe the debt: Debt collectors do not always keep meticulous paperwork. Accounts change hands a number of times when debt collectors purchase them from the original creditor, and then other debt collectors often purchase accounts from each other. Over time, important paperwork that proves you owe the debt becomes lost. When the collector cannot prove that you owe the debt, it can serve as a defense in your case.

The debt collector does not own the debt: Again, because debtor accounts change hands multiple times, debt collectors do not always have the proper paperwork to show that they own the debt. When this is the case, they cannot prove that they have standing, or the right to sue you. This is also a common defense used in debt collection lawsuits.

The statute of limitations has expired: Debt collectors only have a limited amount of time to sue you. This time is known as the statute of limitations and in Florida, it is five years from the last date of default. If the statute of limitations expires, you still owe the debt, but the debt collector or creditor cannot take legal action against you.

The debt has been paid, excused, or discharged: You may have a statement or receipts showing that the debt has been paid. Or, you may have previously reached a settlement with the debt collector. In other instances, debt is sometimes discharged in bankruptcy. Whatever the case, if you no longer owe the debt and have evidence to prove it, that is a very strong defense.

While there are many common defenses available in debt collection lawsuits, it is important to note an inability to pay is not usually a defense.

Filing and Serving Your Answer

Once you have prepared your answer, you just have to file it with the court and provide the debt collector with a copy. The addresses for both the court and the plaintiff should appear in the summons and complaint you received.

How to Answer a Notice Before a Lawsuit

Many times, people receive a notice before they are sued. In this case, you should still respond by sending the collector a debt validation letter. This letter is essentially asking the debt collector to validate the debt by proving it is yours and that they own it. You can send this letter any time after a debt collector contacts you, whether it is by phone or by mail. Until the collector has provided you with the proper validation, they can no longer contact you about the debt.

Our Debt Defense Lawyers in Fort Lauderdale Can Help with Your Answer

It is nerve-racking to receive notice of a lawsuit filed against you, and creating an answer is not always easy. At Loan Lawyers, our Fort Lauderdale debt defense lawyers can prepare the answer for you and build a strong defense to give you the best chance of a positive outcome. Call us today at (954) 523-4357 or contact us online to schedule a free consultation and to learn more about how we can help.

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Selling my Homestead: Are the Proceeds of the Sale Protected from Creditors?

With the sale prices of single family homes in the South Florida real estate market continuing to climb exponentially, many homeowners are becoming increasingly tempted to ditch the monthly mortgage payments, homeowner’s association dues and dreaded repair bills as they weigh the pros and cons of selling their home. There is an admittedly very strong allure and comfort in being able to see and have easily accessible cash in a bank or investment account (especially in the uncertain age of COVID-19). Ultimately, the decision to sell a home is a personal one, however, for homeowners with outstanding final judgments or debts likely to result in a final judgment against them, there is an added valid concern-How safe are the proceeds of the sale of the homestead?

The main thing to know is that Article X, Section 4 of the Florida Constitution protects a Florida resident’s homestead from forced sale by most creditors and that the Florida Courts have ruled that this legal protection should be liberally construed in favor of Florida homeowners. This homestead protection has been extended to the proceeds from the voluntary sale of a Florida homestead provided certain basis steps are taken with those funds. Specifically, the Florida resident must:

1. Have a good faith intent, before or at the time of the sale, to reinvest the proceeds into another homestead within a reasonable time;
2. Avoid commingling those funds with other monies or proceeds; and,
3. Be kept separate and apart and held solely for the purpose of buying another home.

This protection of the funds extends even in the case where the homeowner files bankruptcy. Of course, there are additional steps that we would recommend that the homeowner take prior to filing the bankruptcy and preferably at the time of the homestead sale. These little steps may go a long way in ensuring that there are no extended or unnecessary delays in the bankruptcy case.  For instance, it is recommended that the funds remain easily traceable. This can be accomplished by having the check from closing deposited directly into a bank account that does not contain any other funds. It is also recommended that you maintain the records from the closing, including but not limited to the final HUD and copy of the check.

If possible, we recommend that the homeowner designate the account as a ‘homestead account’ by including language to that effect in the account creation documents or notes. This account should not be used as a regular checking account. It is best to avoid deposits or withdrawals from this account unless it is for the purchase of the new home.

Loan Lawyers has helped over 7,000 South Florida homeowners and consumers with their debt problems, we have saved over 3,000 homes from foreclosure, eliminated $100 million in mortgage principal and consumer debt, and have recovered over $25 million dollars on behalf of our clients due to bank, loan servicer, and debt collector violations, negligence and fraud.  Contact us for a free consultation to see how we may be able to help you.

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Can a Lawyer Negotiate Student Loan Debt?

The cost of obtaining higher education in Florida, and throughout the rest of Florida, has risen to astronomical heights. Students are told from an early age that in order to achieve the “American Dream,” they must obtain a college or university degree and work hard in order to be successful. Still, many post-secondary education institutions oversell the value of this education, while wages for students remain stagnant. It is for this reason that so many students have to take out student loans, which they then have immense difficulty paying back.

Our student loan defense lawyers understand that student loans are the third-largest type of household debt, and that it surpasses the amount Americans owe in credit card debt. It is no wonder millions of people default on their student loan repayment plans every day. Changes to the federal law in 2005 have also made it nearly impossible to discharge student loan debt in bankruptcy, with only the most extreme circumstances being the exception. If not repaid, you may face wage garnishment and other consequences. It is important to allow a debt defense lawyer to negotiate the debt on your behalf.

Negotiating a Payment Plan on Student Loan Debt

Under federal law, the businesses and organizations that disburse federal student loans must offer deferment options to debtors. Deferment options allow borrowers to postpone payments if they can show financial hardship.

Also, some lenders are required to give borrowers the chance to modify repayment plans at least once every year. The majority of student loans must be repaid within ten years, but some can be extended to 25 years in a repayment plan. That could allow borrowers to pay as little as $50 a month. Some repayment plans are also contingent on a person’s gross annual income. With this type of plan, borrowers can pay anywhere between 4 and 25 percent of their income each month.

Certain repayment plans involve step-up payments. In these arrangements, borrowers pay a fixed amount for the first one to three years. After that time, the amount they must repay steadily increases every two years for the remaining life of the loan. If a borrower is never able to earn enough to pay off the loan fully, any principle left over is often forgiven after 25 years.

An option that has been available in recent years is an income-based repayment plan. These plans cap, or limit, the amount a borrower has to pay at ten percent of a student’s discretionary income. This cap applies to loans taken out after July 1, 2014. For students that took out loans prior to that date, the cap is increased to 15 percent of their discretionary income.

This type of plan helps borrowers with modest incomes and high debt to make lower monthly payments. The size of the borrower’s family is also considered. It is important for borrowers to remember that these plans increase the life of the loan, which may mean accruing more in interest during the length of the loan.

Certain organizations also provide loan forgiveness options depending on the profession of the borrower. For example, after a certain number of years of service, the National Health Service Corps. offers some degree of forgiveness on student loans. Similar options are available to those that work in public service or education.

Negotiating a Settlement

Sometimes, it is possible to negotiate a settlement with the lender. By doing this, you can offer to pay all at once, but only repay a portion of the loan. To do this, you must be able to show that you cannot repay the entire loan, while also emphasizing that you do want to pay back as much as possible. For example, you may have received a gift or inheritance from a relative and wish to use it to repay the loan, but it does not cover the full amount. A student loan lender may be willing to offer a settlement for the lower amount in order to recover at least a portion of the student loan.

It is usually advised that borrowers work with a debt defense lawyer in Florida when negotiating a settlement. A lawyer will know what you have to disclose to lenders, and what you should not. Generally speaking, lenders and debt collectors cannot collect from a person’s Social Security or disability benefits. However, in some instances, up to 15 percent may be collected.

A debt defense lawyer can determine if you are eligible for a settlement, and carefully review all the terms of the offer. An attorney will also ensure the offer is properly documented, and that it will relieve you of all remaining student loan debt so there are no surprises in the future.

Discharging Student Loans Through Bankruptcy

Before 1976, it was possible to discharge a student loan through bankruptcy. When changes to the U.S. Bankruptcy Code were made at that time, it became more challenging to do so. After strict reforms were passed in 2005, it became nearly impossible to discharge a student loan through bankruptcy. However, it can be done in some cases.

If you are really struggling financially, you may be able to show the court that repaying your student loans would place an undue hardship on you. The court will consider whether you have made good faith efforts to repay the loan, and if you are living in poverty. The court will also determine whether your current situation will continue and if so, for how long over the life of the loan. Individuals with serious disabilities or who are suffering from a terminal illness are most likely to be granted a discharge of their student loan.

Our Student Loan Defense Lawyers in Fort Lauderdale Can Negotiate Your Debt

If you want to settle your student loan debt, or believe you are eligible to discharge it through bankruptcy, our Fort Lauderdale student loan defense lawyers are here to help. At Loan Lawyers, we know how to provide the strong defense you need to obtain an affordable repayment plan, or we can negotiate a fair settlement while also advising you of your bankruptcy options. Call us today at (954) 523-4357 or contact us online to schedule a free consultation

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Are Calls from Accelerated Inventory Management, LLC a Scam?

It is not uncommon for people to receive phone calls regarding their debt and assume it is a scam. It is natural to make this assumption because so many of them are. However, if you are receiving phone calls from Accelerated Inventory Management, LLC, it is important to understand that the company is not a scam. Accelerated Inventory Management is a legitimate company that may take legal action against you if they have started calling. If you do not take action, it could impact your financial future. A Florida debt defense lawyer can help you protect it.

Who is Accelerated Inventory Management, LLC?

Accelerated Inventory Management is a debt buyer based out of Austin, Texas. The company purchases debt that has been charged off by creditors, such as credit card companies, for pennies on the dollar. Once they have purchased these accounts, they then pursue them and try to collect on it from borrowers. In many cases, this means taking legal action, such as filing a lawsuit against debtors.

While Accelerated Inventory Management, LLC is based in Texas, they purchase thousands of defaulted accounts all over the country. Many of the people they sue are located right here in Florida. In most instances, companies such as Accelerated Inventory Management are hoping that consumers will ignore notice of the lawsuit so they can obtain a default judgment. A default judgment will allow the company to garnish a borrower’s wages or take other legal action. Many times, they are successful with this strategy.

Fortunately, there are defenses available in these lawsuits. A Florida debt defense lawyer can advise on what these are, and how to use them in your case.

Accelerated Inventory Management, LLC May Lack Standing

In order for Accelerated Inventory Management, LLC to file a lawsuit against you, they must show that they have standing. Standing is a legal term that refers to the fact that the company has something to lose, or they have already lost something, and they are suing you to recover it. Borrowers often assume that companies such as Accelerated Inventory Management, LLC have standing to file a lawsuit, but that is not always true.

Although Accelerated Inventory Management, LLC may currently have your account, it likely changed hands many times before they received it. Debt buyers do not only purchase debt from creditors, but from other debt buying companies, as well. As these different companies buy and sell accounts, the paperwork sometimes gets lost and the company trying to pursue the debt cannot prove they actually own it, or that they have standing. This can serve as a defense in many lawsuits Accelerated Inventory Management, LLC files.

You Can Claim Damages if Accelerated Inventory Management, LLC Violates the Law

There are many state and federal laws debt collectors such as Accelerated Inventory Management, LLC must follow when they are trying to recover a debt. One of the main federal laws is the Fair Debt Collection Practices Act (FDCPA) that protects all consumers in the country. The Act includes a long list of what debt collectors cannot do when they are trying to collect on a debt. Some of these actions include not calling you before 8:00 a.m. or after 9:00 p.m., not using threatening language, and not calling you multiple times a day.

There are real consequences debt collectors face if they violate the FDCPA. If Accelerated Inventory Management, LLC has harassed you or otherwise infringed on your rights, you can file a lawsuit against the company. If you are successful with your lawsuit, you can recover $1,000 in statutory damages, as well as your attorney’s fees.

Another major piece of federal legislation that protects borrowers is the Telephone Consumer Protection Act (TCPA). Under this Act, debt collectors are prohibited from using robocalls to contact borrowers. Robocalls are made by computers that automatically dial numbers, again and again, all day long. Sometimes, they even contact the same borrower multiple times a day. Robocalls are fairly easy to identify. When you pick up the phone, you may not receive a response, or it may take a long time for a live person to pick up the phone.

Just as you can file a lawsuit over a violation of the FDCPA, you can also file a lawsuit against any company that violates the TCPA. If you are successful with your case, you can recover between $500 and $1,500 for every call Accelerated Inventory Management, LLC made that violated the law.

What to Do if Accelerated Inventory Management, LLC Contacts You

The most important thing you can do if Accelerated Inventory Management, LLC has called you is to contact a lawyer. Many people assume the best action to take is to try and pay the debt, but that is not always true. There is a chance the statute of limitations, or time limit, has run out on your debt. If that is the case, it can serve as a defense in your lawsuit because the company no longer has a legal right to sue you. If you do make a payment, it will restart the clock on the statute of limitations, which will mean they will have a right to sue you.

It is just as crucial that you do not ignore Accelerated Inventory Management. While you should not speak to them without first contacting an attorney, if they are contacting you, they may try to file a lawsuit against you in the near future. If you ignore the lawsuit, things will become even more dire. A debt defense lawyer will communicate with the company on your behalf and advise you of any defenses available in your case.

Call Our Debt Defense Lawyers in Florida Today

At Loan Lawyers, our Florida debt defense attorneys have helped many clients fight back against Accelerated Inventory Management, LLC, and we will put our experience to work for you, too. Call us today at (954) 523-4357 or fill out our online form to schedule a free consultation and to obtain the sound legal advice you need.

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