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My mortgage has been discharged in Chapter 7 bankruptcy in FL? Why I am needing to appear for a motion of summary judgement?
Ian's answer
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Answered on August 24, 2010
Two excellent answers -- to make sure BK notice has been properly received, in addition to listing the creditor in your schedules, filing a...
Archived
Is it considered harassment when three different creditors are trying to collect the same debt with different amounts and dates?
Ian's answer
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Answered on August 18, 2010
While I do not disagree with my colleague's answer above, harassment covers more, including using deceptive and unfair practices to collect a debt....
I live in Florida,single mother, can my wages be garnished because of a judgement against me from a collection agency?
Ian's answer
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Answered on August 18, 2010
I agree with the second answer -- as head of household, you can claim your wages exempt and protect them. This requires affiramtive action on your...
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Wage garnishment
Ian's answer
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Answered on August 13, 2010
If the judgment is against your husband (as unjst as that may now seem to you) then they can take his assets until the judgment is set aside. If...
Archived
Can you send a debtor letters directly if they claim they are represented by atty 4 purpose of bk but not yet filed?
Ian's answer
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Answered on July 28, 2010
While I do not disagree with the above answer, the question focuses on Florida's consumer protection law (i.e., FCCPA). Florida Statute 559.72...
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A 3rd party collector is attempting to collect on a charged off/wriiten off home equity line is that valid?
Ian's answer
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Answered on July 28, 2010
While I agree with the answer above, I do think that a position can be taken (both now, pre-suit and as an affiormative defense if a lawsuit is...
Archived
Where do I get the form and which court (I live in Pinellas)do I go to to declare head of household, and how long is it?
Ian's answer
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Answered on July 26, 2010
You need to fill out what is called a claim of exemption and request a hearing. You would then sleect Head of Household, file it with the Clerk of...
Archived
Collecting Charged Off Debt
Ian's answer
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Answered on July 03, 2010
A creditor charging off a debt, generally speaking, is an internal accounting function. It does not mean, necessarily, that the debt has been...
Archived
Do I have recourse against a creditor of my wife for illegally garnishing our joint acount?
Ian's answer
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Answered on July 03, 2010
While exemptions, as my colleagues have pointed out, are important and a defense, tenants by the entirety is also a distinct, and perhaps strong,...
Archived
How to dispute a collection case?
Ian's answer
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Answered on June 30, 2010
I agree with Mr. Lampert's sound advice. Focusing in on his last area, you may also send a cease & desist letter to the third party debt...