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Eviana J Martin

Eviana Martin’s Answers

4 total

  • Can a bankruptcy trustee in FL sell my home after a Ch 7 discharge if I didn't exempt it and it is upside down over $20,000?

    I received a chapter 7 discharge about a month ago. I did not exempt my home because the house's value has dropped about $20-30k below what my mortgage was. The case was a no asset case when I filed but the trustee then sent out a notice to cred...

    Eviana’s Answer

    Florida exemptions gives you an option of exempting your primary residence. The trick is that you actually need to claim that exemption. If the house was not claimed as exempt, the trustee can try to sell it, it does not matter if there is no equity in the property, the trustee might find a buyer anyway. I would advise you to contact a bankruptcy attorney, if you do not have one already, and try to resolve this situation. It also appears that you eventually want to give up the house anyway. You have two weeks to relocate. You can also contact the buyer (if you know who it is) and ask if he will give you a little bit more time to move out. For example some banks give people two weeks or so to peacefully move out from the property once it is sold on the auction sale. You can also try to rent the house from the potential buyer. Again, some banks are flexible and they allow people to rent the property until it is sold to a third party.
    Disclaimer: This information is intended to inform, not to advise, and should not be relied upon in lieu of consultation with appropriate legal advisors in your jurisdictions.
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    Eviana Martin
    Attorney & Counselor at Law
    Martin Law Firm, P.L.
    3701 Del Prado Boulevard
    Cape Coral, Florida 33904
    Telephone: (239) 443-1094
    Facsimile: (239) 443-1168
    E-mail: eviana.martin@martinlawfirm.com

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  • Had a judgement in 2008 but the status of the case is closed what does that mean.

    If the status of the case is closed can it be obtained by another debt collector to collect the debt. I am on a fixed income and mi recieve my income from retirement and Social Security

    Eviana’s Answer

    The court might have closed the case for numerous reasons. Sometimes the case could be dismissed because the petitioner (a party who filed the lawsuit) is not moving the case forward. If the judgment was not acquired by the petitioner, then he will need to re-file the lawsuit again. In Florida, if the judgment was granted, there is a period of time during which a creditor can collect on a judgment. Once that period expires, the judgment might be renewed. I would suggest you to speak with an attorney who can look at the court docket to see what exactly happened in your lawsuit.

    If you would like to schedule a free consultation and evaluate your legal options, you can contact us at 239-443-1094 or www.martinlawfirm.com. We have offices in Cape Coral, Fort Myers, and Naples.

    Disclaimer: This information is intended to inform, not to advise, and should not be relied upon in lieu of consultation with appropriate legal advisors in your jurisdictions.
    --
    Eviana Martin
    Attorney & Counselor at Law
    Martin Law Firm, P.L.
    3701 Del Prado Boulevard
    Cape Coral, Florida 33904
    Telephone: (239) 443-1094
    Facsimile: (239) 443-1168
    E-mail: eviana.martin@martinlawfirm.com

    See question 
  • I need an attorney for filing bankruptcy; I was curious how much it would cost me.

    I was quoted around $1000.00 USD from one lawyer, however I was wondering if there was a cheaper way to file bankruptcy being that I am kind of short on money. Please help if possible. Thank you.

    Eviana’s Answer

    There is a saying that you get what you are paying for. I would not go with the cheapest attorney because he might do more damage than good in your bankruptcy filing. In a lot of jurisdictions the attorney's fees are set by the court. For example in Lee and Collier Counties the average attorney's fees for Chapter 7 bankruptcy is $1,500. The average attorney's fees for Chapter 13 bankruptcy is $3,500 and up, depending on the complexity of your case.
    Many of the bankruptcy attorneys offer a free initial consultation where you can meet with the attorney and inquire about his/her fees.
    If you would like to schedule a free consultation and evaluate your legal options, you can contact us at 239-443-1094 or www.martinlawfirm.com. We have offices in Cape Coral, Fort Myers, and Naples.

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  • In florida-can collection agencies garnish my wages with out a court order if i don't pay my credit cards? in fl- can 3rd party

    collection agencies sue individuals for non payment of credit cards?

    Eviana’s Answer

    • Selected as best answer

    In Florida nobody can garnish your wages without a court order. A collection agency is a 3rd party collector. Usually the original creditor whom you had a credit card with sells your debt to a collection agency for pennies on a dollar and this collector can go after you trying to collect that debt. It really does not matter how large or small the amount of the debt is, I saw the lawsuits filed for as small as $700. You will know when you will be sued. The complaint, filed in the court, will need to be served on you individually or a qualifying person in your house. You will have 20 days to answer the complaint and plead your defenses. Once the creditor gets a Final Judgment awarded, then he will be looking how this debt can be collected from you. Usually you will be sent a Request for Information, asking you to list your assets and your income. The next step could be a Motion for a Garnishment Order. You will have 30 days to respond, alleging whether your income qualifies for garnishment. Some income, such as Social Security benefits, are not garnisheable.
    Your income cannot be garnished without the creditor getting a Final Judgement awarded and the Order for Garnishment issued. If you have a bank account with the bank whom you also owe money, that bank can freeze the funds in your bank account.
    Your financial and legal situation shall be evaluated by the attorney. I am a bankruptcy attorney Lee County. We offer free initial consultation in Cape Coral, Fort Myers and Naples. It appears that you might be considering bankruptcy. You can contact us at 239-443-1094 or you may also visit our website at www.martinlawfirm.com.

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