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First let me say that you should contact a Jacksonville consumer law attorney before the creditor gets a judgment against you. Only by addressing the complaint or lawsuit timely do you have a chance to avoid a judgment.

If a judgment has already been entered against you, a Jacksonville attorney may still be able to help you from getting your wages garnished. There are laws regarding what monies may be garnished and from whom. For example, the wages of the head of a family cannot be garnished unless that person’s net wages are more than $500 per week AND that person has agreed in writing to allow their wages to be garnished. Someone is a “head of the family” if they reside in Florida and provide more than one-half of the support of a dependent. If you do not qualify as a head of the family, you still might have protection against wage garnishment. Contact a Jacksonville attorney who specialized in wage garnishment today if you might be at risk of wage garnishment to protect your rights.

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foreclosure_help-thumb-250x193-1902.jpgAn attempt to pass a law that would allow Bankruptcy judges to modify mortgages never made it passed the Senate. So a judge cannot automatically modify the terms of your existing mortgage. However, filing bankruptcy in Florida can help in other ways.

First, if you are behind on payments, filing a Chapter 13 bankruptcy allows you to catch up the arrearages over time so you are no longer in default. Second, filing bankruptcy oftentimes serves as a strong negotiation point with lenders. Lenders might be willing to work with you more if they know that there is a strong possibility that you might just walk away from the house if they do not work with you. Third, your Orange Park bankruptcy attorney can file a motion within your bankruptcy proceeding to require your mortgage company into mediation with you. So the judge cannot automatically change the terms of your mortgage, but s/he can order your mortgage company into mortgage modification mediation with you. Finally, if your home is in foreclosure, filing bankruptcy will halt the foreclosure proceedings. The automatic stay will go into effect immediately and all activity in the foreclosure case will cease.

To see if filing for bankruptcy is in your best interest, contact an Orange Park bankruptcy attorney today to discuss the particulars of your situation.

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In many countries around the world, if you cannot pay your debt, you can be thrown in jail. The United States is not one of those countries. In the U.S., you cannot be thrown in jail for defaulting on your financial obligations. (An exception is child support obligations or when you are ordered to do so by a court- you are not actaully put in jail for failing to pay the debt, but for being in contempt of court for not following the judges order)

A creditor can, however, take you to court and get a judgment against you. It is very important if a creditor files suit against you to contact a Florida Bankrupcty attorney to discuss your case. If you do not properly and timely answer the creditor’s complaint, the creditor can get a default judgment against you, even if you dispute the validity of the debt. After getting a default against you, the creditor may be able to garnish your pay. A Jacksonville consumer law attorney can help you defend your suit and even negotiate with the creditor. Call 904-685-1200 today for a free consultation.

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When you file for bankruptcy in Jacksonville or Florida, an automatic stay goes into effect immediately. (Unless there has been aprevious bankruptcy, then you have to ask the Judge for one). This halts virtually all legal actions and collection actions against you or if they continue and a stay in in place they can be undone in most cases. This can really bring relief to those with creditors calling all day long. This also means that any foreclosure or garnishment action is halted, and a creditor cannot repossess your car, or the court cannot sell your home. So if you are behind on payments and think your collateral may be subject to repossession, a Florida bankruptcy can help to protect your assets while you figure out your next step.

If you think that getting a fresh start by filing for bankruptcy might help your situation, contact a Jacksonville bankruptcy attorney today at 904-685-1200 to assess your needs.

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A Florida homestead exemption dictates how much of the equity in your home you may keep away from creditors. This means that any equity you have above that amount must be paid to creditors. The federal homestead exemption amount is $21,165.00. The Florida homestead exemption amount is unlimited under certain circumstances. This means that in Florida, you can have any amount of equity in your home and your creditors cannot take it. This is great news for those in the Jacksonville area who are overwhelmed by their debt and are needing to file for bankruptcy. Contact a Orange Park bankruptcy attorney today to discuss how to keep your home by filing for bankruptcy.

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bankrupcty court-thumb-250x155-2548.jpgBankruptcy was meant as a legal tool used to get people a fresh start when they are too deep in debt. If you are currently facing debts and your creditors are bearing down on you, filing bankruptcy could provide some immediate relief. For example, if your credit card company is threatening to sue you for past-due payment or the bank is foreclosing on your home, a filing of bankruptcy will automatically place a “stay” on your creditors from collecting the debt for a period of time. During this time, your creditors cannot take action against you to recover this debt unless they petition the court and the court grants them permission — not a common outcome. If you are thinking about filing bankruptcy, contact a Jacksonville Bankruptcy Attorney today to find out your options for your specific situation.

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Exemptions dictate what property of yours that you may keep when you file bankruptcy. Most people are surprised to learn that in most cases, the exemptions used in bankruptcy come from state law, not federal law. This is because states are allowed to opt-out of federal law exemptions and make up their own. Florida has done this. There are residency requirements however, to be able to use Florida’s exemptions. Just because you are a resident of Florida when you file for bankruptcy does not mean that you can use Florida’s exemptions. The law dictates that your bankruptcy exemptions are determined by the state in which you have been domiciled for the 730 days prior to filing your case. If you have lived in multiple states during this time, figuring out what state’s exemption laws apply to you can be tricky. A Jacksonville bankruptcy attorney will be able to help do this correctly. If you do not get your exemptions right, the trustee will object in your case.

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Four times each year, various agencies across the country conduct extensive surveys and collect data in order to get a snapshot of how the nation’s economy looks. After the first quarter of 2011, the American Bankruptcy Institute and the National Bankruptcy Research Center are reporting good news: the number of filings in the first three months of 2011 dropped from this time last year.

There were 363,215 bankruptcy filings after the first quarter of 2010. After the first quarter of 2011, however, there were 340,012. That’s a drop of 6%, which analysts see as a positive sign that the economy might be recovering – if only slightly.

However, others are pointing to the fact that credit is more difficult to come by, meaning people aren’t as able to accumulate unmanageable debt and file for bankruptcy. Others speculate that the reduction is due to the backlog of foreclosures in Florida, which has allowed people to stay in their homes for longer than they otherwise would have. This allows them to avoid bankruptcy – at least for now. Whatever the case may be, the numbers are encouraging.

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When someone files a Chapter 13 bankruptcy, they must repay some of their debts over a three to five year time period. These payments are dictated by a Plan that is filed with and confirmed by the court. The Plan is based on your income and your debts. If you get married two years into your Plan payments, the marriage might affect your bankruptcy. You might have to count the new income in your bankruptcy. Your new spouse will not be liable for your old debts and the bankruptcy will not appear on their credit report. However, your Plan payment amount might change.

Every circumstance is different. Contact a Clay County bankruptcy attorney today to determine if your upcoming nuptials will impact the amount you must pay your creditors through your Chapter 13 Plan.

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As you’re probably aware, an Individual Retirement Account, or IRA, is a type of savings account primarily used in preparing for retirement. Monetary contributions to traditional IRAs are tax-deductible, making them an attractive option for retirement.

As with most assets, IRAs are transferable to a named beneficiary upon death. When transferred, the IRA is referred to as an inherited Individual Retirement Account.

In bankruptcy, traditional IRAs are considered exempt under Florida law. This means that any assets you have in an IRA cannot be touched by your creditors. (As a caveat, you can typically contribute $5000 to $6000 per year to your IRA, depending on your age. So, you can’t put all your assets into an IRA and then declare bankruptcy.) Under the old version of Florida law, only traditional IRAs were considered exempt; creditors could, in fact, go after inherited IRAs.

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