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Sergio Cabanas
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Sergio Cabanas’s Answers

338 total


  • I reside in Jacksonville fl and my wages are being garnished by cach llc. I was never served and had jo knowledge of any of this

    I looked it up I in Orange county fl and it Appears to be an old credit card debt but ive never heen served

    Sergio’s Answer

    I agree that we must obtain copies of the court record as soon as possible, before they are destoyed. I would meet with an attorney who practices "debt defense" in your area who can review these copies to see if you have grounds to vacate (eliminate) the judgement. Even if you have no basis for vacating the judgment, you may have rights to assert an exemption to keep your wages from being garnished, or your attorney may consider bankruptcy to eliminate the debt (and all other debts you may have) forever. I hope eveything works out for you!

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  • A debt collector ( not the bank) is collecting money from us due to a foreclosed property in Lakeland Florida.

    Our primary residence in Fl has been foreclosed since 2011/2012. (we walked away and now living in California). We received a letter from our lender that our property has been sold. And now, we've been receiving calls and letters from collecting ...

    Sergio’s Answer

    Unfortunately, this case straddles two jurisdictions. First the debt buyer has to establish their right to a deficiency judgment, which can be contested depending on the facts of this case. Otherwise, you can review your bankruptcy options in California with an attorney there. You should review the pros and cons of each alternative, including the attorney's fees. Keep in mind that while there is a possibility of a lawsuit, it has not been filed.

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  • I am in default on a loan. The bank will not stop calling me, and my relatives (who have nothing to do about it).

    I wrote to them asking them not to call, and told them over the phone to put me on a do not call list. They continue to call and said they have the right to call. What is my recourse?

    Sergio’s Answer

    I agree. This creditor may be violating several state and federal laws for which they can be sued. Your case seems very clear, but you'll need to provide some proof that you informed this creditor to stop calling (you and/or your relatives) and proof that they subsequently called despite your instructions. You should find an attorney in your area that handles such "collection harassment" cases, such as FDCPA violations. They will often provide you with a free consultation to evaluate your case. Good luck!

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  • Wife's name on note,both names on mortgage , foreclosing on the house I want to keep it can you help?

    How can I stop foreclosure and stay in my house, if they've already set a pre trial date for 13 of June , is there anyway I can stop them from taking my house! Thank you!

    Sergio’s Answer

    Although you're running out of time, you still have some time left to avoid losing your home, but it depends on whether you finally take the appropriate action. Your solution may fall into one of two areas -- (1) foreclosure defense: Whereby an knowledgeable, experienced foreclosure defense attorney reviews and finds possible defenses against the bank's right to foreclose; and/or (2) applying for a loan modification that may help you resolve the entire foreclosure action. However, again, it depends on you taking action immediately and finding an attorney who can provde both services. Good luck!

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  • My HOA sent me a demand letter requesting payment of the expenses to enforce the compliance. (certified letter sent by attorney)

    On 03/25/14, I received a letter, the association said that I was on violation of the covenants and restrictions and they needed me to do 3 things. The deadline to comply was 04/15/2014, on 04/17/14 I sent an email to the HOA manager indicating th...

    Sergio’s Answer

    I agree with the other responses provided, and suggest that the beginning point of this analysis would be the actual amount in controversy. Your email is not clear as to when you were in compliance. There's only mention of when you sent the email informing the HOA of your compliance -- which was after the deadline. It is still their position that you still have not fully complied. Again, look at the amount(s) and, if small, it may be well worth to pay it to avoid problems in the future, such as additional fees and costs in addition to risks of litigation, and further waste of your time. Good luck!

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  • What forms must I submit to Broward courts to show that I am a tenant in a foreclosure property, and begin being protected under

    My 4plex was foreclosed, and is said to have been bought by a new owner just 2 days ago. He is asking all tenants to leave in 15 days. The Broward property appraisers website does not show any current sales, and still lists the bank as the owner. ...

    Sergio’s Answer

    I agree with the filing of notice with the court. However, you should consider consulting an attorney to help you draft the proper motion(s). Broward County judges are not usually inclined to enforece PTFA unless it's presented correctly.

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  • Can a credit card debtor take my car equity even when I still making payments?

    I'm filing a motion for wage garnishment exemption for a credit card collector taking 25% of my money, however I'm concerned if they can take my car and sell it to get the equity, My car is worth $ 24,000 and I owed $19,000 to the bank. ps. I'm c...

    Sergio’s Answer

    Your focus should be on obtaining the exemption from the wage garnishment. While they can attempt to levy your vehicle, I agree that it's not likely as long as you car debt is not paid off. However, the chances of their attempting a levy raises with every payment, especially when it's paid off. I agree you should consider a bankruptcy when you are faced with such an aggressive creditor. Good luck!

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  • I made a mistake on the plaintiff's name on my waiver of service for civil court today. Is it valid?

    The debt buyer suing me uses a 4 letter acronym. I transposed 2 of the letters. The clerk of the court accepted it and entered it in the case file. The case number was correct. I sent a copy to the lawyer with the misspelled name of his client...

    Sergio’s Answer

    I agree with other responjses. I would only suggest that you consult with an attorney in your area, as you are already entering an appearance in a case where you have not been served, and I respectfully ask you to consider consulting with an attorney before you do anything that may compromise your case. In my opinion, litigating in court is similar to surgery -- you are better off having a knowledgeable surgeon performing the surgery. You could try to do it yourself, but it's likely not to go well for you and you may end up wrose off than when you started. You may find that a small investment in an attorney will more than pay for itself. Good luck on whatever you decide to do!

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  • Can a creditor put a freeze on a bank account when the debt only. belongs to one person on the account

    My fiance owes a credit company that put a freeze on my bank account and sent no notice before hand.

    Sergio’s Answer

    I agree with the responses stated above. I would only add that you may still defend against the garnishment if the funds were yours. Additionally, your spouse may also be entitled to certain legal defeneses to this garnishment, which should be explored prior to considering bankruptcy. You shoudl consider a consultation with an attorney knowledgeable in this practice area immediately. The small investment in such a consultation may more than pay for itself in savings in defending against the garnishment.

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  • Homestead exemption in Florida. Assets protection advice needed.

    I have a quick question. I`m being sued in Missouri. I live in Florida. I will not respond to the lawsuit. I will get a default judgment. It will take some time before creditors will start collection process(Fact Information Sheet or court date to...

    Sergio’s Answer

    Florida has strong legal protections with regard to homestead, but there are exceptions that may apply under certain circumstances. I agree with other responses, including the fact you should consult with an attorney to be sure you're protected.

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