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Sergio Cabanas
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Sergio Cabanas’s Answers

335 total


  • Did the plaintiff's attorney violate the law in my wage garnishment?

    I recently filed a head of family exemption and request for a hearing due to  wage garnishment. I did not receive the "notice to defendent" just a notice of garnishment. So I called the plaintiff's attorney.Furthermore I had no knowledge of the ex...

    Sergio’s Answer

    Judging by your question, you have astutely noticed that they "were trying to
    pull something over you" and your instinct prompted you to reach out for legal advise. All very well done. and I commend you for that. However, I agree with the responses above that, unfortunately, this case has risen to a difficult level where a knowledgeable attorney can help you. You may find that a small investment for attorney representation will more than pay for itself with the benefit you will receive.

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  • What is the sequence of events after a final foreclosure judgement is recorded?

    “I am interested in purchasing a property in the Tampa Bay area that is to go to a foreclosure trial in mid-April (2015). What is the sequence of events after the final judgement is recorded? Does the property have to go to auction? Can a private ...

    Sergio’s Answer

    If you are truly interested in the property, the best way of acquiring it is by offering a contract to buy it directly form the owner before the forcelosure sale. I would approach them right now, and make an offer. You can get a better deal that way, for many reasons. That way you start taking control of the property before anyone else does without any compentition. It would be helpful to have a knowledgeable attorney help you through this process. Good luck!

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  • Awarded a civil judgement from a Business that claimed bankrupt yet opened same buss under different name but same owner

    BRADENTON FLORIDA manatee count clerk of court judgment award 2009-CA-1021

    Sergio’s Answer

    I agree with the responses here. It is possible to pursue your judgment against the new corporation, but much depends on many factors, such as whether the new corp has the same officers as the old one, same corporate address, etc. It'll have to be litigated. Also, a lot depends on the amount of judgement and whether it's worth pursuing from an economic standpoint. If it is worth pursuing, consult with an attorney who can review the specifics of your case and provide you with a proper opinion. There's only so much we can do with this online forum with limited information.

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  • Being sued by a collection agency but hiring a lawyer for chapter 7. advice?

    hello. i'm currently being sued by a collection agency for around $3000. i'm about $25,000 in debt and looking into filing chapter 7. i have a pretrial mediation coming up and i don't know what to do about that since i am going to be filing for ch...

    Sergio’s Answer

    I'm sure you can see the commonality in all of our responses is to consult an attorney first. He or she can perform a complete evalutation of your financial situation and help develop your legal strategy. Our firm, like several others, would not charge for such an initial consultation, which would help address all of your legal concerns.

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  • If I'm not in foreclosure why is a lawyer collecting my mortgage payments.

    I currently have a lawsuit pending against my mortgage company. I have been in contact with their lawyer who is handling the case. We have even had a conference with the judge. When I called today to make my payment they gave me a totally differ...

    Sergio’s Answer

    It's difficult to know for sure without reviewing your case. This is not a trivial matter. You should consult an attorney who can review your case file to give you a proper response.

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  • When the judge reserves ruling at a forclosure trial is that a good sign for the home owner that they could still win the case

    judge reserved ruling at forclosure trial this week and ordered both parties to provide the court with their final judgement what does that mean

    Sergio’s Answer

    • Selected as best answer

    Of course, it remains to be seen how the judge ultimately rules before we start the party plans, but I absolutely believe it is a good sign for the homeonwer in this day and age of the pro-bank /ant--homeowner sentiment that is so prevalent in our court system in Florida (in my humble opinion). Usually the court finds for the bank, leaving you to appeal. I hope things work out for you, but if they don't, it appears you may have an issue that could prevail on appeal. Good luck!

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  • In the state of Florida, can a debt buyer who is suing you put a lien on your homestead that is still mortgaged and joint?

    If you have a debt buyer that has a filed a motion for summary judgment and the judge agrees without a hearing, and all you really have is your house that you co signed mortgage with spouse and you still owe over 65000 on it, can they still put a ...

    Sergio’s Answer

    Florida has some of the strongest protections against creditors, which are available to you without bankruptcy, but you should consult with an attorney who does "debt defense". I am one of many attorneys that practice this type of law (as well as bankruptcy) who can help review the specifics of your case as well as your fianancial circumstances to provide you with the best nonbankruptcy options.

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  • How to collect Michigan judgment against Florida property?

    I have a Michigan money judgment against a man and wife, jointly and severally, for 41K. How do I go about collecting? Can I collect against their house in Florida?

    Sergio’s Answer

    i agree that the first step is to consult a local attorney who can help you with this process. You will need to "domesticate" the judgment to make it enforceable in Florida. While it's true that Florida has "homestead" protection which keep syou from imposing a lien on their home, there are exceptions. Even if there is homestead protection, there are other remedies that may be available to you.

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  • Why is there is a second order of/for trial? There is a Non Jury Trial set for Monday 2/23/2015? Foreclosure Voluisa County ,Fl

    On the docket page there is a second order of/for trial 02/12/2015 47 ORDER OF/FOR TRIAL 01/29/2015 46 HEARING SHEET 11/24/2014 45 RESPONSE BY/FOR DEFENDANT Comments: 10/29/2014 44 MAIL RETURNED FROM Comments...

    Sergio’s Answer

    I wouldhave liked to see the entire docket to be sure; however, it does appear that the trial court may have issued an additional trial order, which does happen occasionally. But I want to address your biggest worry, which is to have the bank take the property as soon as possible. This can be achieved by negotiating a Deed-in-lieu or Consent Judgment. Sometimes the lender will actually pay you a "cash-for-keys". You should consult an experiecned attorney who can negotiate on your behalf. The investment (in attorney's fees) may more than pay for itself.

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  • How to stop a sales date?

    My case is in the district court and is there anyway to stop the sales date besides bankruptcy, as I would not like my house to be sold out from under me during the appeal.

    Sergio’s Answer

    Your question mentions that your case is in the "district court" which is a federal court, although you later wrote it was on "appeal" (which is an appellate court). To lawyers, such a distinction is very important. Regardless of this need for clarification, the fact remains that your case is in a compromised situation, which requires very sophisticqated lawyering that goes way beyond the scope of this simple question-and-answer forum. You should see an experienced foreclosure defense and bankruptcy attorney asap!

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