Sergio Cabanas’s Answers

Sergio Cabanas

Hollywood Bankruptcy Attorney.

Contributor Level 12
  1. Garnished without warning or notification in Florida

    Answered about 1 year ago.

    1. Sergio Cabanas
    2. Joshua Bradley Farmer
    2 lawyer answers

    I agree that you were not properly notified (i.e., served with the lawsuit in the manner required by Michigan law), then you may have grounds to eliminate (vacate) the judegment in Michigan. if you are not able to do so, Florida law has certain protections against their collections efforts. You may also consider bankruptcy, depending on where you ultimately establish residency.

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  2. Does my employer have the right to take 15% of my wages and send it to this credit corporation?

    Answered over 1 year ago.

    1. Sergio Cabanas
    2. Jeffrey David Solomon
    3. Eric Charles Lewis
    4. Michael J. Ireland
    4 lawyer answers

    If this debt is not legitimate, you may have the right to sue this creditor to, not only stop the garnishment, but also for violation of debt colletions laws (Fed and state). You should consult a consumer protection attorney right away.

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  3. Can we denied the new homeowner's to buy houses with the purpose of rentals on our community?

    Answered about 2 years ago.

    1. Sergio Cabanas
    2. Lawrence Joseph Marraffino
    2 lawyer answers

    I'm not entirely certain of the question that you're asking, but it sounds like you're a homeowner in an association that requires tenants to apply for approval to live there but not enforcing this rule? If that's the case, you should ask the HOA's board members to enforce their rules on the books. The HOA has the power to enforce its CCR's, and they should have an attorney who'll do this work for them.

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  4. Is the father of my children allowed to remove gifts he bought for the home if asked to leave the residence?

    Answered over 2 years ago.

    1. Sergio Cabanas
    2. Jeffrey B. Lampert
    2 lawyer answers

    To the extent he made any gifts, the recipeint of the gift becomes the owner....and remember that it's illegal to take property that belongs to someone else without their permission (he would be stealing). First recourse is to contact police, and you have civil remedies such as suing for civil theft (triple damages).

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  5. Credit card debt .Can a person( that i am asuming is a debt collector) tell you his is going to go to your house

    Answered 11 months ago.

    1. Jeffrey B. Lampert
    2. Nikhilkumar Manharlal Patel
    3. Sergio Cabanas
    4. Lewis Matthew Roberts
    4 lawyer answers

    I agree with my colleagues. It is a "scare tactic", but they may may have the right to proceed with a lawsuit in which case a process server "may go to your house." You can consult with an attorney to help you defend against the debt and/or negotiate, or, depending on your circumstances, you omay be able to defend against collections efforts without bankruptcy. Finally of coruse, there is the bankruptcy option. Without obtaining more information about your circumstances, it's difficult to...

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  6. What are my chances of "winning" an appeal of a Final Summary Judgment/Foreclosure Sale?

    Answered about 1 year ago.

    1. Nelson Alejandro Perez
    2. Sergio Cabanas
    3. Clifford M. Miller
    3 lawyer answers

    I would need more information to give you a solid opinion, which goes beyond the scope of this online forum. The filing of a Motion for Rehearing or Vacate, and/or appeals are very complicate matters that require a consultation with an experienced attorney who can fully evaluate your case and develop a strategy.

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  7. Got a call from a paralegal saying that they will open a lawsuit gains me , about my credit debt .

    Answered over 1 year ago.

    1. Sergio Cabanas
    2. Scott Craig Florin
    3. Angelo Marino Jr.
    4. Dorothy G Bunce
    5. Ashley Anne Digiulio
    5 lawyer answers

    Creditors often use the threat of litigation to convince you to pay. However, it appears that the time for them to file a lawsuit against you may have expired. You should consult an attorney to find out more about your legal options, rather to be left guessing about your rights, or worse, forcing you to agree to give up rights you may have.

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  8. Do I need to record a loan modification of mortgage with the county clerk? And how?

    Answered about 2 years ago.

    1. Sergio Cabanas
    2. Robert Jason De Groot
    3. Jason Alan Ostendorf
    3 lawyer answers

    No, you have no legal obligation to record a mediation settlement agreement in public records, such a mediation report/agreement is filed with the court in the foreclosure case. However, you (or your attorney) should diligently monitor the court docket/file to ensure the mediation settlement is filed and bank dismisses the case.

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    1 person marked this answer as helpful

  9. Can I sue my LL...?

    Answered over 2 years ago.

    1. Sergio Cabanas
    2. Rixon Charles Rafter III
    3. Carol Lynne Zimmerly
    3 lawyer answers

    Fl law specifically voids any provisions in the lease that bars the tenant from suing a LL. So you can sue your LL for breach of lease and/or for damage to your property. Futhermore, FL law requires LL to provide pest control services for an apt complex. However, you must provide a 7-day notice, and follow the procedural requirements of delivering the notice. You should consult with a knowledgeable LL-tenant atty in your area.

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  10. Leasing agent moved in next door to my mother and she's abusing her power as an employee. What can we do? My mother is almost 70

    Answered over 2 years ago.

    1. Sergio Cabanas
    2. Michael S ('Mike') Hagen
    2 lawyer answers

    I think additional practical advice (other than moving out at the end of the lease), would be to contact the employer to let them know abotu this situation. Your mother also has the right to "quiet enjoyment" of the property. You can let the LL know they are in breach of their lease by allowing this situation with a proper 7-day notice. You should consult an atty to prepare a proper notice in order to lay the groundwork for a solid case.

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