Credit Card Lawsuits
If you have been sued for a past-due credit card, Kotler Law is here to help. With years of experience helping consumers manage and deal with debt, Kotler Law is qualified to help assess your situation and come up with a personalized strategy to either defend and settle this lawsuit, or otherwise deal with the debt associated with the lawsuit. Whether coming up with a strategy to try and win the lawsuit (and collect attorneys’ fees from the non-prevailing creditor), assessing potential unlawful debt collection and credit reporting associated with the account, settling the debt or, if those strategies do not work, handling the debt through a bankruptcy, Kotler Law will come up with a plan that works for you.
Debt Buyer Lawsuits
In the modern day, credit card and medical debt is many times sold to companies that specialize in buying and subsequently collecting debt. In many circumstances, however, they do not or have not properly bought your account. Whether the debt buyer bought hundreds of thousands of accounts (with yours being one) or not, many times they do not have the appropriate documents and evidence that they own your account when they file suit. If you have been sued by a debt buyer, you have rights and likely defenses to such a lawsuit…but it is critical that you engage an attorney that has experience and resources to evaluate and defend these lawsuits. Over the years, Kotler Law has acquired intelligence on debt buyers and built systems and process to handle and fight these entities. If you have been sued by:
- Portfolio Recovery Associates (“PRA”)
- Midland Credit Management (“MCM”)
- Sherman Acquisition
- United Collection Bureau (“UCB”)
- LVNV Funding
- CACH, LLC
- West Asset Management
- NCO Portfolio
- National Collegiate Student Loan Trust
- Cavalry Portfolio
then please contact us. We will ask that you bring not only the lawsuit you were served with, but any and all debt collection letters, correspondence and voice mails that you received in the days or weeks before the lawsuit. As always, our consultations are free. We will look forward to meeting with you to discuss your case and our reasonable Flat-Fee, Money Back Guarantee programs to help you fight back.
Mortgage Foreclosure Lawsuits
On the heels of one of the worst real estate markets in our lifetimes, mortgage foreclosure is still a problem in the State of Florida. If you have fallen behind on mortgage payments and have been served with a foreclosure lawsuit, do not panic. In Florida, consumers that have been sued in a foreclosure lawsuit have rights. The attorneys at KotlerLaw have helped hundreds and hundreds of consumers fight foreclosure lawsuits. Whether your goal is to avoid a deficiency judgment or to negotiate a loan modification or attempt to avoid judgment and liability altogether through a short sale, we have the tools and experience to help. We offer hourly or flat fee monthly fee programs to help consumers facing foreclosure and, for short sales, have a flat fee program as well.
A consumer’s wages are the lifeblood to Florida families. As such, it is no surprise that having one’s wages garnished or attached (and your employer contacted regarding your personal business matters) is a troubling, scary experience. Luckily, laws that protect certain assets called “exemptions” allow Florida consumers to in some cases be completely exempt or protect your wages from garnishment. At Kotler Law, we will work with our consumers to first understand what these protections are and how to best set up your personal affairs to protect your wages. Hopefully, through our credit card & debt buyer collection defense programs, judgment will never be obtained and your exemptions will not have to be used. Still, knowledge is power and Kotler Law will use its to help you come up with a plan to defend against garnishment that comes from credit card & debt buyer lawsuits.
Frozen Bank Accounts
Perhaps the only thing more concerning than your employer being contacted about a private business matter and your wages being garnished, is your bank account being frozen and your much needed money taken. In Florida, if a judgment is entered against you, it should not be surprising that if in a few weeks your debit card does not work or checks that you have written bounce. Creditors and debt buyers that get a judgment against you can garnish your bank account and have it frozen until a judge can determine who is entitled to the money. Again, consumers have exemptions that they may claim to try and protect the frozen funds, but the process is not always simple. First, a consumer must claim the exemption and send the claim to both the court and the creditor’s attorney. Then a hearing must be affirmatively requested. Failure to do either can be fatal to your efforts to get the frozen funds back. Once the proper procedures have been followed, then you must gather evidence to show that the funds are protected and not subject to garnishment or seizure. Head of household and non-head of household exemptions protect funds in a bank account, provided that such funds can be traced back to a paycheck. Further, tenants by the entirety can help to protect and release frozen funds if the bank account is owned by a husband and wife and the judgment is just against one spouse. To learn more and to come up with a plan to handle the debt collection lawsuit you face, contact Kotler Law to set up a free consultation. We have reasonable flat fee programs to help consumers fight back — we will look forward to hearing from you soon.