How to Beat Absolute Resolutions Investments LLC in Court

Receiving notice that Absolute Resolutions Investments, LLC has filed a lawsuit against you is scary. You may worry that your wages will be garnished, or that the company will be able to take other legal action against you. However, now is not the time to panic. You can fight back against the lawsuit and win your case in court. Our Fort Lauderdale debt defense lawyer explains how to be successful with your case.

What is Absolute Resolutions Investments, LLC?

Absolute Resolutions Investments, LLC, is one of the biggest debt collection companies in the country. They purchase debt from creditors such as credit card companies and hospitals for pennies on the dollar and then they vigorously pursue the debt. They are entitled to keep any debt they recover once they have purchased it.

While Absolute Resolutions Investments, LLC is a debt collection company, they usually file their collection lawsuits using the name Stenger & Stenger, P.C. The attorneys listed within these lawsuits are often Preston Nate, Joe Jammal, and Joshua Stiers. If you have received a Summons from the company, you should look for these names, particularly if you are unsure of who is suing you.

Filing Your Response

The worst thing you can do when facing a lawsuit is ignore it. You do have the opportunity to respond to the summons, and you should. Do not admit to owning the debt, as Absolute Resolutions has the burden to prove the debt is yours. A lawyer can file your response to the court and send a copy of the certified response to the debt collection company.

If you do not respond to the lawsuit, Absolute Resolutions will likely pursue a default judgment against you, and there is a good chance they will be successful. A default judgment means the company will automatically win their case and may obtain a judgment to garnish your wages or your bank account.

Make Absolute Resolutions Investments, LLC Prove Their Case

After the collection company files their lawsuit and you respond, they have the burden of proof to show that you owe the debt. They must also prove that they own the debt and have the legal right to try and collect on it. This is often where the debt collection company runs into trouble. Absolute Resolutions Investments, LLC is known for filing lawsuits even when they cannot prove they own the debt and so, it is important to raise that point as part of your defense. The company must also prove that you owe the amount of debt they are asking for.

To prove their case, Absolute Resolutions Investments, LLC must present strong evidence, such as documentation that they purchased the debt from the original creditor. If they cannot provide this, you can use that fact to settle your debt or eliminate it altogether.

Understand the Statute of Limitations

The statute of limitations is often used as a defense in lawsuits filed by Absolute Resolutions Investment, LLC. The statute of limitations governs the amount of time the debt collection company has to file a lawsuit against you. In Florida, the statute of limitations on debt is five years. However, using this defense can become complicated, as the clock on the statute of limitations does not always start when you took out the debt.

The statute of limitations typically starts on the last day there was activity on the account. Many people become so scared after receiving notice of the lawsuit that they make a payment immediately, hoping that will stop legal action. In most cases, it will not. Instead, it could hurt your case because the lawsuit may now be legitimate under the statute of limitations.

Filing a Counterclaim

Your debt has likely changed hands many times before Absolute Resolutions Investment, LLC purchased it. As such, they often cannot provide the documentation that shows they can legally collect on the debt. If the company cannot prove that they own the debt and that you owe it, you can file a counterclaim against them.

Through a counterclaim, you can pursue damages for any expense the lawsuit costs you, such as your attorney’s fees. If the company also violated the Fair Debt Collection Practices Act, you can also ask for additional damages.

Know Your Rights

You have many rights under the Fair Debt Collection Practices Act, but debt collection companies do not always uphold them. Some of the most common ways Absolute Resolutions Investment, LLC violates the law include:

• Demanding you repay more than you owe
• Demanding that you pay fees, including interest, that were not in the original agreement
• Contacting you repeatedly
• Using abusive, obscene, or threatening language
• Calling at certain hours that violate the law
• Calling at times that are obviously inconvenient
• Threatening violence if you do not repay the debt
• Talking to third parties about the debt
• Calling you at work

Determine if You Want to Settle

Even if your counterclaim is accepted, you may still be found responsible for repaying at least a portion of the debt. If your counterclaim is not accepted or you do not have one, you will have to decide whether to settle your debt or fight it in court. Sometimes, settling the debt is better. If you fight the case in court and lose, you may be found liable for repaying the entire debt. On the other hand, if you have a valid defense, you may want to fight the case in court. If you win, it may be possible to eliminate the entire debt and force Absolute Resolutions Investments, LLC, to remove the debt from your credit report.

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

If you have been sued by Absolute Resolutions Investments, LLC, our Fort Lauderdale debt defense lawyers can provide the sound legal advice you need. At Loan Lawyers, our skilled attorneys have gone up against this debt collection company many times and won, and we want to put that experience to work for you. Call us today at (954) 523-4357 or fill out our online form to schedule a free consultation.

 

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Can I Discharge Debts Incurred as a Result of Injuries or Property Damage in Bankruptcy?

Accidents are devastating, and victims are often left with serious injuries. Under Florida law, there are instances in which accident victims can file a lawsuit against negligent parties when they have caused an accident. Through a lawsuit, victims can claim compensation for their medical expenses, lost income, and other losses.

Being named in a lawsuit is almost as bad as being the accident victim. A legal obligation to pay damages can have a negative impact on a person financially, and make it harder for them to pay for their daily expenses. For many people, this leads to them considering filing for bankruptcy to discharge the debt so they are no longer responsible for it. So, if you have a debt incurred as a result of injuries or property damage, can you discharge it in bankruptcy?

Filing for Bankruptcy to Discharge Debts Related to Injury and Property Damage

Generally speaking, it is possible to file bankruptcy to discharge debts related to injury and property damage. For example, if someone got into a car accident and did not have proper insurance, anyone injured may file a claim against them. If the liable party could not afford to pay damages, they may file either a Chapter 7 or Chapter 13 bankruptcy and discharge the debt. However, there are some exceptions to this that could hinder a person from filing bankruptcy.

The first exception is when the accident was the result of you driving under the influence (DUI) of alcohol or drugs. If you were drunk and breaking the law at the time of the accident, you are still responsible for paying any court fees, criminal fines, restitution, and damages for bodily injury. You cannot discharge these debts during bankruptcy.

The second exception is when you willfully or maliciously caused the accident. For example, if you hated the new fence your neighbor installed and drove into it with your vehicle, that is a willful and malicious act. If your neighbor filed a lawsuit against you to recover their financial losses that resulted from your malicious actions, you cannot discharge that debt in bankruptcy.

How a Chapter 13 Bankruptcy May Help

Even when debt pertaining to injury or property damage cannot be discharged through a Chapter 7 bankruptcy, a Chapter 13 bankruptcy may help. Filing a Chapter 13 bankruptcy does not discharge all of your debt, but instead creates a repayment plan for the debt. Through a repayment plan, you may be able to pay the debt over a period of three to five years. If the debt cannot be paid off within five years, you may be able to file Chapter 13 bankruptcy again to create another repayment plan.

To determine the basic structure of the repayment plan, you will have to take a means test. Using Form 122C-1, you can determine your average monthly income and the length of the repayment plan. The amount of your income is then compared with the average income in Florida for people with the same number of people in their household, and marital status.

Using Form 122C-2, you can determine the amount of disposable income you have to pay back the debt. You can claim a number of different deductions when determining the amount of disposable income you can use to pay back the debt. These deductions can include the cost of health insurance and food. The IRS has strict standards about how many deductions can be claimed in each category.

Creating and Following the Repayment Plan

Once you have completed the means test, you can draft the repayment plan, but you should always work with a Broward County bankruptcy lawyer. A lawyer can advise on your unique debts and disposable income. After you have drafted your repayment plan, you must submit it to the court for approval within 14 days of filing the bankruptcy.

It can take up to three months for a repayment plan to be approved, but you will have to start making payments within 30 days of filing. You will have to pay your bankruptcy trustee, who is appointed to your case shortly after you file. The trustee is the go-between for the bankruptcy court, you, and the individuals you owe money to.

It is critical that you follow the payment plan the court approves. If you miss a payment or stop making payments, the court may dismiss the bankruptcy case, which essentially cancels it. You will end up back where you started, with the debt for personal injury or property damage. With other types of debt, you may still be able to file a Chapter 7 bankruptcy. However, if the debt is included in one of the exceptions, this will not be an option.

Why You Need Legal Representation

Many people think filing bankruptcy is a fairly straightforward process, but it is not. This is particularly true if you have debts due to injury or property damage. The time after an accident is already stressful, especially when you are being held liable for paying damages. One mistake such as filing the wrong type of bankruptcy could also result in your bankruptcy case not being approved, and a lawyer will prevent that from happening. The bankruptcy process is also very complex for those unfamiliar with it. A bankruptcy lawyer will know the system and the steps to take to protect your case and give you the best chance of success.

Call Our Bankruptcy Lawyers in Broward County Today

Filing bankruptcy is never easy, but a Broward County bankruptcy lawyer can help. At Loan Lawyers, our skilled attorneys will review the facts of your case and help you make the best decision possible to help you get rid of the debt once and for all, regardless of the type of debt you are carrying. 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.

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COVID-19 Forbearances: What are they and how do they help me?

You have probably heard this term on the news, read it online, heard your neighbors or co-workers mention it, or this may be the first time you are learning about it. Forbearances. What are they? According to the United States Department of Housing and Urban Development (HUD), Federal Housing Administration (FHA), Single Family Housing’s Mortgagee Letter 2021-18, “The COVID-19 forbearance provides borrowers who experience an adverse impact on their ability to make on-time mortgage payments due to the COVID-19 pandemic with a forbearance period, which allows for one or more periods of reduced or suspended payments without specific terms of repayment.” [1] The COVID-19 pandemic has caused many households to experience loss of work, diminished wages, shifts in the home environment dynamic, and countless other financial and non-financial changes.

Forbearances were created in order to help borrowers tackle the financial hardship of keeping up with paying their mortgages on time as a result of the COVID-19 pandemic. If requested, lenders must offer a COVID-19 forbearance to an FHA borrower that faces these circumstances regardless of the delinquency status of their mortgage. Additionally, lenders must waive all late charges, fees, and penalties, if any, during the forbearance period as long as the borrower is involved in a COVID-19 forbearance plan. Another benefit of these forbearance plans is that if you are granted a COVID-19 forbearance and you are on that plan, you will not be reported as delinquent on your mortgage to the credit reporting bureaus.

Forbearance periods may be extended or shortened by the request of the borrower. HUD began issuing forbearances on March 1, 2020. The forbearance periods lasted up to six months. Borrowers who requested their initial COVID-19 forbearances between July 1, 2021, and September 30, 2021, have been given a six-month maximum amount of time for this forbearance period to last. The initial COVID-19 forbearance periods requested between July 1, 2021, and September 30, 2021, will not extend beyond March 31, 2022.

It is also important to note that borrowers cannot engage in the loss mitigation process at the same time as the forbearance option is being exercised; only one option can be worked on at a time. Many borrowers choose to begin the loss mitigation process to explore avenues to retain their homes once their forbearance periods have ended. If your forbearance period is coming to an end and you want to discuss what happens next, please give us a call.

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.

[1] Mortgagee Letters | HUD.gov / U.S. Department of Housing and Urban Development (HUD)

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Have you received a debt collection letter from any debt collectors? If so, please call us immediately!

It has been revealed that as many as 85% of all debt collectors have been unlawfully disclosing people’s information regarding debts to third parties. If you have received any type of debt collection letter, then most likely that debt collector has disclosed information regarding your debt to others unlawfully.

If you have received any type of debt collection letter, please reach out to us for your FREE consultation. You likely have a case that can be brought against that debt collector. The best part is that we take these cases on a contingency fee basis, so there are no fees or costs unless we obtain a recovery for you.

Even better, if we are successful in pursuing a case for you, the debt collector will most likely be ordered to pay the costs of our legal fees, not you! Don’t just sit back and allow your rights to be violated, call Loan Lawyers now for your free consultation.

Just because you may have debt does not give that debt collector the right to violate your privacy. Don’t just take it, fight back! Call Loan Lawyers at 1.888.FIGHT.13 right now for your free case evaluation. You have nothing to lose, but a lot to gain, call now.

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Has CACH, LLC Filed a Judgement Against You?

If you are receiving harassing or threatening phone calls or letters from CACH, LLC, it is easy to become overwhelmed and to start feeling insecure about your future. It is true that CACH, LLC may have the right to file a lawsuit against you and obtain a judgment. A judgment will allow them to take other steps to recover the debt, such as garnishing your wages or levying your bank account.

There are defenses you can use in your case, but the most important thing is that you contact a debt defense lawyer before responding. A lawyer will advise on how to respond, and help you throughout the entire process of the lawsuit.

Who is CACH LLC?

Many people are surprised to receive calls and notices from CACH, LLC because they have never heard of the company before. For many years, CACH, LLC was owned by Square Two Financial. In 2017, Square Two Financial filed for bankruptcy and the bulk of its portfolio was sold to Resurgent Capital Services. However, the bankruptcy does not affect loans that are currently owed and you may still face legal action.

CACH, LLC uses two different types of collection models. The company has legal entities in different states it partners with to file lawsuits against borrowers that have not paid their debt. CACH, LLC may also go the non-litigious route. They do this by use Fresh View or Fresh Start, two names that operate under the CACH, LLC portfolio. If you have received a notice from one of these entities, there is a good chance that you can settle your debt.

Responding to a Lawsuit

CACH is a highly litigious debt collection company that has filed thousands of lawsuits against borrowers. It is important to know that you are not alone, and that there may be defenses available in your case. CACH has also been known to work with borrowers when they cannot repay the debt, particularly when they are experiencing financial hardship. Just because CACH files a lawsuit does not necessarily mean you will have to go to court.

A lawsuit is started when CACH, LLC, files a complaint with the court. The complaint will outline CACH’s allegations against you, including the amount of money you owe. The attorney working for CACH will then serve you with the papers, which will include a summons. If you do not respond to the summons, CACH will likely try to obtain a default judgment against you, and they may be successful. If they can obtain a judgment, they may freeze the assets in your bank account, place a lien on your property, or garnish your wages.

It is crucial that you respond to the lawsuit so you can defend yourself and avoid a default judgment. You should collect as much information about the debt as possible, including verifying that it is yours, that the amount is accurate, and whether the statute of limitations on the debt has expired. If CACH cannot verify that they own the debt, or the amount is incorrect, those could both serve as a defense in the lawsuit. In Florida, CACH has only five years from the date of the last payment to file a lawsuit.

What to Do if You Owe the Debt

After verifying the debt and determining that you do in fact owe it, it is usually advised to try and reach a settlement with CACH. You may be able to reach an agreement with the company before you even go to court. You can either negotiate a repayment plan that is affordable for you, or you can negotiate to pay an amount that is less than you originally owed.

If you want to negotiate with CACH, it is advised that you work with a debt defense lawyer in Florida. A lawyer will have the necessary experience and knowledge to negotiate a deal that is fair and that protects your rights. A lawyer will also make sure any settlement agreement is put in writing, in the event that there is a dispute in the future.

You may not want to wait until CACH has filed a lawsuit against you, either. It is sometimes possible to negotiate a better settlement if you try to work with the company before they go to the time and expense of filing a lawsuit.

What to Do if You Do Not Owe the Debt

If CACH, LLC cannot prove the debt is yours, you should fight the lawsuit. The burden of proof lies on the company to prove that they legally own the debt, and that you owe the full amount they are asking for. A debt defense lawyer will also review the contract you signed when you incurred the debt. If any part of it is illegal or based on false information, that can also provide a defense in your case. A lawyer will identify the possible defenses in your case and argue it in court to give you the best chance of a successful outcome.

What to Do if CACH has Already Obtained a Judgment

It is not uncommon for people to find that CACH, LLC has obtained a judgment against them without their knowledge. For example, you may not have received the court summons and so, were not able to defend your case. In these cases, it does become much more difficult to negotiate with CACH since they have already won their court case. However, that does not mean it is impossible and you should speak to a debt defense lawyer that can help.

Call Our Debt Defense Lawyer in Florida Today

If you have received notice of a lawsuit filed by CACH, LLC, our Florida debt defense lawyer can help. At Loan Lawyers, our skilled attorneys know how to fight back against debt collection lawsuits, and we will put our experience to work for you. Call us today at (954) 523-4357 or fill out our online form to schedule a free consultation and to learn more about your legal options.

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How to Get Rid of Wage Garnishment for Student Loans in Florida

If you default on your federal student loan, the U.S. Department of Education has the right to garnish as much as 15 percent of your disposable income without first obtaining a court order. The wage garnishment remains in place until the entire debt is paid, and it can make it really difficult for you to pay your other expenses. Fortunately, there are multiple ways you can stop a wage garnishment in Florida. The most common of these are listed below.

Proper Procedure was Not Followed

Lenders must follow a certain procedure when they are obtaining a wage garnishment order. They must tell you of the garnishment at least 30 days before it takes effect, and they must send the notice to the right address. If you change your address and do not tell the lender, you are responsible for any delays in receiving notice of the wage garnishment. If the lender did not follow the proper procedure, it can serve as a defense to the wage garnishment and stop it from occurring.

The Loan is Not Yours

Proving that the loan is not yours is a common defense in many debt collection lawsuits, and it can be used when trying to stop a wage garnishment for student loans, too. To dispute the debt, you must request a hearing once you receive the wage garnishment notice. If you can prove that someone stole your identity, and that you did not benefit from the loan, you can stop the wage garnishment.

Negotiate the Terms of Repayment

It is often possible to negotiate the amount of debt you repay, and that holds true with student loans, too. If you reach an agreement with the U.S. Department of Education, you must send the first payment within 30 days of receiving the garnishment notice. After doing that, the agreement is in effect and the wage garnishment is stopped.

You were Terminated from Your Job

Being fired from your job will not stop a wage garnishment, but it will suspend it. After you get a new job, the wage garnishment will be suspended for the first 12 months of employment. This may give you time to repay some of the loan and stop a wage garnishment from going into effect after the 12 months.

Working for Minimum Wage

Under federal law, wage garnishments can only equal 15 percent of your disposable income, and you must still have a minimum of 30 times the federal minimum wage once the garnishment has occurred. Borrowers that make minimum wage often will not have this amount remaining after a garnishment. Depending on the income of the borrower, the wage garnishment may be stopped or reduced.

Become Self-Employed

People that are self-employed do not have wages that can be garnished. This typically applies to general contractors, freelancers, plumbers, handymen, truck drivers, and commissioned real estate agents. If you own a business and the company pays you wages, a wage garnishment may still apply. However, it is sometimes possible to reduce your wages to the federal minimum wage, which may stop or reduce the wage garnishment.

File Bankruptcy

Unfortunately, it is nearly impossible to discharge student loans in bankruptcy. Still, if the U.S. Department of Education is trying to garnish your wages and you file bankruptcy, it will suspend the garnishment order until your bankruptcy case is finalized. Again, this could provide you with some time to repay a portion of the loan and perhaps stop the garnishment in the future.

Discharge the Debt

Although it is difficult to discharge student loans in bankruptcy, it is sometimes possible. If you can prove that repaying the loan would cause an undue hardship, you may be able to discharge your debt. The court will apply a test to your case to determine if repayment would create an undue hardship. You may also be eligible to have certain federal loans, such as Perkins Loans and Federal Direct Loans, discharged if you borrowed the funds to attend a school that closed.

If you suffered from a total and permanent disability for at least 60 months, and the condition is expected to last for at least another 60 months, you may also be eligible for a disability discharge. Discharging debt is not easy and different types of discharges have different requirements you must meet. A debt defense lawyer can advise on the different types of discharges you may qualify for.

Rehabilitate the Loan

If you make nine out of ten consecutive, voluntary, affordable and reasonable monthly loan payments, you can rehabilitate the debt. It will no longer be in default, and that can stop the wage garnishment. Rehabilitation is also possible if you consolidate the loans and agree to repay the consolidation loan through a repayment plan that is income-driven. These payment amounts are usually less than the amount of the wage garnishment.

Refinance the Debt

Sometimes you can refinance a federal student loan into a private loan. Essentially, the new loan pays the old loan, and that will stop the wage garnishment. Refinancing a student loan will mean you lose certain federal benefits, such as loan forgiveness and deferment options. Many people that default on their student loans also are not eligible for refinancing.

Repay the Loan in Full

People default on their student loans because they fall into financial difficulty. As a result, repaying the loan in full may not be possible. However, if you have family members that can help you pay off the loan, or you suddenly receive a windfall, such as an inheritance, repaying the loan in full will stop a wage garnishment.

Call Our Debt Defense Lawyer in Florida Today

If you have received a wage garnishment notice after defaulting on student loans, it is important you speak to a Florida debt defense lawyer. At Loan Lawyers, we can advise on how to stop the wage garnishment, negotiate a debt settlement, and 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.

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COVID-19’s Often Overlooked Side-effect: Increased Medical Bills

As we take steps to recover from the pandemic that has assailed the world for almost two years, it is undisputed that the effects of COVID-19 will be felt for some time to come. One frequently overlooked or unspoken side effect of the pandemic is the large medical debts left in its wake. On April 28, 2021, CBS News reported that “a growing number of Americans were being pursued by debt collectors over their medical bills during the last year.” Furthermore, CBS News reports that an additional 2.5 million people’s medical debts were sent to collections. If you are one such American, do not lose hope. There are options such as negotiating an affordable payment plan or exploring relief from the debt through bankruptcy.  Bankruptcy is a useful tool for resetting your financial life and allowing you to move forward with the added constraints of these medical bills.

Bankruptcy is a process through the Courts to provide relief for individuals who are unable to pay their debts. There are many different chapters of bankruptcy, but the most common are Chapter 7 and Chapter 13.

Chapter 7 Bankruptcy For Medical Debt After COVID-19

Chapter 7 is great for individuals with little to no assets or for individuals looking to walk away from heavily encumbered assets without the risk of future liability. This includes individuals who are burdened by health care bills related to COVID-19 or other health conditions. The chapter 7 process is comparatively short with most Chapter 7 bankruptcy cases lasting about 3 months.

Chapter 13 Bankruptcy For Medical Debt After COVID-19

The chapter 13 process, on the other hand, tends to last three or five years. It can be used to try to save homes from foreclosure or for individuals to structure repayment plans to address outstanding debts ranging from mortgages, auto loans, and outstanding income taxes owed to the Internal Revenue Service to medical bills and credit cards.  Chapter 13 may result in repaying only pennies on each dollar of general unsecured debt owed.

Which bankruptcy is best for you is dependent on what is going on in your personal and financial life. To determine the best bankruptcy option for tackling your debts, it is best to discuss the specifics of your situation, both personally and financially, with an attorney experienced in debt-related matters. Together, you will be able to determine which debt resolution method works best for you and your family.

For more information about bankruptcy, please visit:  https://www.fight13.com/bankruptcy-attorney

How Our Bankruptcy Attorneys in Fort Lauderdale Can Help

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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