Bankruptcy is all about full disclosure. Tell the trustee or court whatever assets you have and in return you receive a full discharge of most debt. The reason I say most debt is because there are rules re: IRS debt, student loan debt and secured debt such as vehicles, 401k…
Do you see a debt on your credit report that is not yours? Did a relative (mother, child etc.) sign your name to obtain a loan? This is a typical fact pattern we see for our Fair Credit Reporting Act cases. Some unauthorized person signed for a debt and now…
What should you do if you are being harassed for a debt that you did not sign for? Here are some ideas: If you acted as a power of attorney (POA) for another, the creditor is likely violating several consumer statutes for unlawfully collecting a debt against you. We can…
Can I do All This Myself or Do I Need an Attorney? Yes, dealing with your debt is something you can do yourself. But like anything, sometimes it is better to hire someone who does this day in and day out. Particularly if you have a lot of debt or…
Credit reports have more errors than ever right now. Student loans, car loans, really – any kind of credit out there, is often reported inaccurately on your credit reports. It costs you nothing to have us take a look. Our Fair Credit Reporting Act cases are ALL on a contingency…
Let’s say you have negotiated a settlement with a creditor. What should you include to help ensure that your credit is the best it can be? First, under the Fair Credit Reporting Act (the “FCRA”), a creditor is not required to report anything, but what it does choose to report,…
When is it time to ignore calls versus doing something about them? If you are being harassed or threatened collection actions on old debt, there are many things to consider. First, a legitimate collector is required to send you something in writing within five days of the initial contact under…
People are often confused about how attorney’s fees work – when do you have to pay your own, and when does the losing party have to pay? This question is very important when you are faced with a decision of whether to “take someone to court”. In the United States,…
A mortgage servicer called a “furnisher” for purposes of credit reporting is responsible for updates to a borrower’s credit report. Many times following a foreclosure, there is a limited time for the lender to seek a deficiency judgment. Here is Florida it is one year. If a year goes by,…
Now that debt collectors are back and moratoriums are falling away, this is a good opportunity to remind Florida consumers about limitations that bind debt collectors. Basically, things they may do or say that could get them into trouble, and give you recourse to sue or settle or more favorable…