For many individuals, Florida law affords protection from debt collection and garnishment of wages. However, since most people are not aware of the accommodations that the law provides, creditors often take advantage of the situation and at times even violate the debtor’s rights.
Miami Garnishment Defense
In Florida, a creditor can garnish your wages to get payment for your debts, but there are some exceptions for individuals that provide support of a dependent and also there are limits to the amount a creditor can garnish. The intent of the garnishment law is to leave enough money to allow debtors to cover living expenses. Creditors must get a court order allowing the garnishment, with the exception of court ordered child support, student loans that have defaulted, unpaid income taxes, and child support arrearages.
Florida does allow an exemption from garnishment if a person is a head of family and provides for more than one half of the support of another person or child.
If your wages are being garnished or about to be garnished, please contact our Office immediately to schedule an appointment to review your legal options.
Miami Debt Collection Defense
When you owe a debt and creditors are calling you, it can be overwhelming especially if you are already having financial difficulties. What you should know is that many collection companies will file lawsuits against consumers and many times the consumer will not contest the lawsuit or show up to court. If the lawsuit is uncontested then the creditor may obtain a final judgment against you and potentially garnish your wages, levy against your property and place a lien against your property.
There are several factors that can affect whether or not a creditor may obtain a final judgment against you such as whether the lawsuit was filed within the statute of limitations period, whether the creditor has standing to sue you, whether you are the correct person being sued, or you are getting sued for a debt that was included in a bankruptcy discharged. That is why you need a good debt collection defense attorney, one who knows Florida consumer laws.
Miami / Fort Lauderdale Garnishment Defense and Debt Collection Defense Attorney
Attorney Samir Masri is an experienced Miami / Ft. Lauderdale garnishment defense and debt collection defense lawyer. His dedication to his clients means you will get personal and caring representation for your case. Call the Law Offices of Samir Masri today, before you talk to your creditors, it could make all the difference.
Predatory lending is when a lender entices, induces and or assists a borrower into taking a loan that carries high fees, costs and penalties along with a high interest rate.
Under Florida Law, usury is defined as the charging of interest that exceeds 18 percent on any loan, lines of credit, advances of money or any obligation of amounts up to $500,000, and that exceeds 25 percent for transactions involving amounts totaling more than $500,000. Loans with an interest rate between 25.01 percent and 45 percent are criminally usurious misdemeanors, while a rate above 45 percent is punishable as a third-degree felony. Initial fees, late fees, other costs and penalties at the inception of the loan are taken into consideration when determining whether these fees and costs are disguised interest.
Some examples of predatory lending practices are seen in small personal loans, car loans, boat loans, payday loans, and private short term mortgage loans.
If you have a loan with a high interest rate let the Law Offices of Samir Masri evaluate your situation to determine if you have a potentially usurious contract and to determine your rights.