If you are
- being garnished,
- your car is being repossessed,
- you need to immediately respond to a summons or appear before the court,
Please call me or send an email and let me know that you have an emergency; and I will see if I might be able to do something for you. I do understand the importance of stopping a garnishment or attending to an emergency. however my emergency practice is mostly in Manatee and Sarasota Counties. Please know that I am not able to handle or solve every issue, but if it is consumer debt-related, I am interested in helping.
The most effective ways I know to defend against an active garnishment are:
- filing bankruptcy
- claiming exemptions under Florida Statutes chapter 222, and the Florida State Constitution
- working out a settlement
- understanding how to avoid turning exempt assets and exempt income into non-exempt assets and non-exempt income.
Making the bank or the debt collector prove their case, while raising the defenses that the debtor is entitled to raise, can defeat some credit card cases and make a difference in foreclosure cases.
It is very difficult to bear when the phone keeps ringing with people calling to remind you that you owe them money. Once creditors know that an attorney represents you, they are violating Florida law if they contact you in the attempt to collect the debt. I will review with you how to protect yourself against collection harassment, including how to document collection violations which might be used in a claim for statutory damages against the violating collector.
I settle credit card debts that are not yet in court for a flat fee of $250 for any debt up to $10,000, payable only if you agree on the settlement. For every debt above $10,000, I charge the $250 plus $10 for every $1,000 or part of over $10,000 – if it is settled and you take the settlement. This service is only based on the size of the debt and not related to the amount saved and not payable unless you take the settlement. If I am litigating a case for you and settle the debt, no extra fee for settlement is charged.
I charge $250 an hour to meet with you and review the settlement or modification agreement that you might have obtained on your own. In that review I will meet with you and share my opinion as to the meaning and ramifications of entering the agreement.
I do not charge for budget makeovers. A Budget Makeover takes about one half hour during which I will share an Excel spreadsheet that lays out your expenses, compares them to your income, and shows you how to separate the monthly bills from your food, entertainment and clothing. Clients have found this system to take the guesswork out of spending, as it keeps an automatic account of where the money goes.
If bankruptcy turns out to be the best solution for you, I will recommend the course in bankruptcy which I find is in your best interest.
Other Areas of Practice
My practice also includes representation for clients with disputes in property insurance claims, eviction cases, small construction cases, civil disputes, and lease issues.