Has Rolfe & Lobello, P.A. Filed a Judgment Against You?

Rolfe & Lobello, P.A. is a law firm located in Jacksonville, Florida, but they file lawsuits all across the country. The firm represents medical centers, dental offices, small and large businesses, government agencies, schools, utility companies, fitness clubs, and senior care facilities.

Unlike many other law firms that represent debt collectors, the website of Rolfe & Lobello, P.A. does not attempt to appear as though they are there to help consumers and borrowers. Instead, they are quite clear that their main incentive is to help businesses maximize their revenue. In fact, their own website identifies the firm as a debt collector.

If Rolfe & Lobello, P.A. have filed a lawsuit against you, it is likely because they believe you owe a debt to a business. It does not necessarily mean though, that they will win their case against you. There are many defenses available in these lawsuits and our debt defense lawyers in Broward County can prepare a case that will give you the best chance of success.

Why Responding to the Lawsuit is So Important

Like so many other law firms that represent debt collectors, Rolfe & Lobello, P.A. is hoping that you will not respond to the lawsuit. The majority of borrowers simply ignore notification that a lawsuit has been filed against them, hoping it will go away. Unfortunately, that is not how it works. If you do not respond to the lawsuit,  Rolfe & Lobello, P.A. will appear in court. When you are not there to defend yourself, they will ask the judge for a default judgment against you, and they will likely get it.

In Florida, you have only 20 days to respond to the lawsuit. Before filing your answer, you should try to obtain as much information about the debt as possible. Determine if you owe the debt and if so, how much the debt is actually worth. You can also try to determine if the debt collector Rolfe & Lobello, P.A. is representing actually owns the debt. A Broward County debt defense lawyer is very helpful during this phase.

Again, many people sadly do not respond to the lawsuit and so, Rolfe & Lobello, P.A. is able to obtain a default judgment against them. If this has happened to you, it is important to know the consequences you may face, and how to avoid them.

The Consequences of a Default Judgment

Rolfe & Lobello, P.A. will have many additional legal tools at their disposal if they are able to obtain a default judgment against you. These include:

• Wage garnishments: One of the most common ways debt collectors and the law firms that represent them recover unpaid debt is through a wage garnishment. Through a wage garnishment, the debt collector is automatically paid a certain amount from your paycheck. Your employer will receive notification that they are to forward a portion of your paycheck directly to them. Florida follows the federal law limits on wage garnishments. This means they can only take 25 percent of your disposable income or the amount of your income that exceeds 30 times the federal minimum wage, which amount is lower.
• Levy your bank account: A bank levy is similar to a wage garnishment. The only difference is that instead of taking money directly from your paycheck, the law firm or debt collector can take money directly from your bank account. Still, state law does place some exemptions on bank levies. For example, if your bank account holds retirement savings only, debt collectors and law firms cannot seize these funds.
• Real property liens: A judgment may also allow a debt collector or law firm such as Rolfe & Lobello, P.A. to place a lien on your real property. If you try to sell the property once the lien has been placed, you will likely be required to use the proceeds to repay the debt before you can keep the remainder. Florida does allow for a homestead exemption and under the law, creditors and debt collectors cannot foreclose on the home over an unpaid debt.

What if You are Judgment Proof?

There are some borrowers that are considered to be ‘judgment proof.’ This means that everything you own is exempt and so, even if a debt collector has obtained a judgment against you, they cannot garnish your wages, levy your bank account, or place a lien on your property. Typically, people are considered judgment proof when their only form of income are social security benefits, and they do not have personal property that is not considered exempt.

It is important to note that even if you are judgment proof, it does not mean the debt collector cannot continue to try to collect on the debt. This in itself can be very frustrating. If the debt collector violates the law, such as the Fair Debt Collection Practices Act, you should speak to a Broward County debt defense lawyer that can help you claim damages for the violation.

Filing Bankruptcy to Avoid a Judgment

If you do owe the debt and the debt collector does own it, you may consider filing for bankruptcy. As soon as you file, an automatic stay is issued. Automatic stays prevent debt collectors from trying to collect on the debt, so it will stop the calls and letters you receive.

Many people who cannot repay their debt know that bankruptcy is inevitable. When this is the case, it is best to file for bankruptcy before a judgment is issued. A judgment will still be considered unenforceable if you file after one is issued. However, filing prior to a judgment being issued will keep it off of your record, so your credit score will not take a hit from it. The bankruptcy, though, will still impact your credit score.

Our Debt Defense Lawyers in Broward County Can Help with Your Judgment

If you have had a default judgment issued against you, or you fear one soon will be, our Broward County debt defense lawyers can help. At Loan Lawyers, we have helped thousands of borrowers avoid judgments, and can help you file for bankruptcy if one has already been issued. Call us today at (954) 523-4357 or contact us online to schedule a free consultation.