Beginning April 1 2020 and current through the date of this blog post, the median income data has been updated by the U.S. Census Bureau. The figures have increased for Florida, which means that more persons may qualify for bankruptcy filing. The new median income figures for Florida are as foll...
I understand that these are stressful times for each and every one of us. The recent COVID-19 outbreak has brought with it an unprecedented level of anxiety and uncertainty regarding the extent of the impact that this situation will have not only on our ongoing daily lives but our immediate and...
Beginning November 1, 2019 and current through the date of this blog post, the median income data has been updated by the U.S. Census Bureau. The figures have increased for Florida, which means that more persons may qualify for bankruptcy filing. The new median income figures for Florida are as f...
One of the most surprising things that I tell consumers during consultations and representation is that debts don't really ever just “go away” in the common sense of the phrase. There are only three ways I am aware of that a debt actually goes away: You pay it (or settle it, or the creditor...
Tax time is just around the corner and I know that many Central Florida residents will be looking to speak with a bankruptcy attorney to review their options for finally getting that fresh financial start. Because the refund comes in a lump sum, it is common for tax refunds to be used to cover...
There is no doubt that credit scores and reports are more significant today than ever before. A poor credit score can result in denied loans, high interest rates, higher insurance rates and even ineligibility for certain job and career opportunities. With all of the emphasis on credit reports ...
For many who have had a judgment entered against them, the first post judgment collection effort they are likely to encounter is a garnishment of some sort. The reasons for this are many, however, garnishments are cheap, easy, and intimidating. Think of it as the path of least resistance for c...
I have been receiving an increasing number of inquiries from Florida consumers asking: My bank account (or wages) were just garnished and this isn't the first (or even second) time! How many times can they do this to me!! Unfortunately, the simple answer is that there is NO stated limit to ho...
Judgment execution. It doesn't sound pleasant. Honestly, it usually isn't. Many persons not familiar with the realities of the legal process in Florida never consider the fact that simply because a judge or jury sides with a party and awards a judgment, it doesn't mean that the judgment deb...
I regularly receive calls and emails from consumers who have had their bank accounts or wages garnished who are seeking legal representation. While this in and of itself isn't surprising to me, what is surprising is the number of consumers who are coming to me who have been told by other attor...
I consult with and represent many persons who have had judgments entered against them by default in Florida. In my professional opinion there is a tremendous amount of misunderstanding and misinformation about defaults and judgments entered thereon in Florida. This goes for the layperson and a...
Right off the bat, ill answer the question that likely brought most readers here, and then explain the specifics in the article that follows for those who care to get the whole story. “I just received a notice/motion/order that states I need to fill out a fact information sheet or fact sheet, ...
One of the top questions I am asked as a consumer protection attorney goes something like: “I just purchased a new (or used) car and I had a change of heart. Can I return it?” Unfortunately, the answer is usually no. At least not without significant difficulty and expense. Florida has no “co...
When a borrower defaults on a secured loan in Florida, they can sometimes end up owing what is known as a deficiency balance. A secured loan is a loan in which specific property is pledged as collateral for the loan as opposed to an unsecured loan which is only backed by the creditworthiness o...
LawLytics, the marketing and website design company that I utilize for my Firm's website has written a member feature highlighting the Law Office of Alex McClure. If you are interested, you can click here to see the LawLytics Member Feature.
One of the most important factors that a lender will consider when deciding to make a loan is how the loan will be paid back in the event that the borrower fails to pay as agreed under the terms of the loan agreement. Most consumer loans fall under one of two categories, generally: Secured loan...
In my opinion, one of the most underutilized and misunderstood areas of debt and judgment defense litigation in Florida are the concepts of void and voidable judgments. While the concepts are somewhat similar, the differences between them have serious and significant legal implications. In Flor...
While not a frequent topic in most other areas of law, judicial estoppel is a frequent topic of conversation and concern in a bankruptcy practice. Judicial estoppel is an equitable concept in the law which essentially provides that a person cannot take a position in a judicial proceeding at a la...
There is a plethora of information available for the savvy consumer on how to prepare and file your own bankruptcy from books to websites to weekend seminars. This begs the question: Why should I hire an attorney to represent me in bankruptcy if my case is simple and I can do it myself? Th...
Most people who are seriously contemplating bankruptcy hire an attorney to represent them throughout the process. I believe that these people never even consider not hiring an attorney and dont seriously entertain the thought of navigating the system on their own. It is widely reported that per...
I find myself writing this article because of my frequent need to explain to my clients what exactly a civil judgment is, and what it means in Florida. In the context of this article, when I say judgment I mean a civil money judgment entered (or domesticated) in the state of Florida. There are o...
Many debt collectors are ready and willing to enter into settlement agreements with consumers who owe their clients money. This is true whether your debt is in collections, whether it is being actively sued on or whether a judgment has been entered. Some debt collectors are even willing to enter...
When I litigated cases for creditors, it was a rare day when a debtor wouldnt attempt to make some sort of point about the age of the account. They would sometimes claim that they “looked up the law” and found out that a creditor couldnt sue them on a debt that was over 5 years old. They would ...
There is a lot of advice available on the internet regarding how to prepare for a consultation to get the most out of your time, however, there isnt much information on what you can expect to get out of your initial consultation. While this article is aimed specifically at bankruptcy, I have fo...
Many bankruptcy attorneys, including myself, offer a free initial consultation for persons considering bankruptcy. This consultation provides consumers with the opportunity to get some more specific answers to their questions, to (hopefully) be presented with options that perhaps dont involve fi...
I make every effort to tailor my services to the individual needs of my clients by approaching their issues with an eye towards both their short and long-term goals. I strive to provide solutions which address their immediate concerns and helps them create a realistic and meaningful path towards long term financial sustainability. I look forward to working with you to develop those solutions and help you successfully navigate your consumer legal issues.