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A monetary judgment once entered, gives the judgment creditor the right to seek to collect the amounts due. After the entry of the judgment[1], the creditor in many cases, may not make an immediate attempt to collect or may go a long time without making any collection effort. Lack of…

In this era of data breaches and stolen identity, it is not uncommon to receive the dreaded call or letter stating that someone has opened a credit card or line of credit in your name. While informing the creditor that the account does not belong to you is a necessity,…

A good decision came out recently in the Seventh Circuit, the case of Loja v. Main Street Acquisition Corporation. The issue it considered is fairly well settled in Florida but it is always good to see normal members of the public prevail anywhere. The Fair Debt Collection Practices Act or…

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…

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…

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…

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…

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…

With credit scores and a 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…