I generally dislike the “frequently asked questions” pages of websites which provide financial legal information directly to consumers.
Although there is a wealth of information related to bankruptcy and consumer law issues available on the internet, not all of it is accurate or even true.
Even if certain information you find is factually and legally accurate you won't know whether it is applicable to you until you speak with an experienced attorney about the specifics of your situation.
I understand the frustration people feel when they ask an attorney for seemingly basic advice and they are met with the “it depends” answer. Unfortunately, the law is based on specific facts, statutory interpretation and case law so it's nearly impossible to responsibly provide someone with specific legal advice or guidance in response to a general proposition.
The advice to be given does indeed depend on the specific facts and circumstances of a case and therefore it's important for you to seek out the advice of an experienced attorney when you are facing serious legal financial problems.
With that being said, below are links to some of the most common questions asked by individuals considering bankruptcy or facing other legal issues related to consumer finance and debt collection. Again, I invite you to contact the Law Office of Alex McClure to set up a free consultation so that we can discuss the specific details of your situation and I can formulate a strategy and make recommendations tailored to you.
A few words of wisdom for anybody facing financial difficulties
If you are considering bankruptcy DO NOT acquire, transfer, give away or throw away any significant property before you speak with an attorney regarding your situation. You do not want to jeopardize your eligibility for bankruptcy or other remedies until you understand what you are doing.
Try your best not to panic or get carried away searching through the internet for advice and answers to the many questions you have running through your head. While its likely these sites post their content with the best of intentions, having a bunch of “most, many, few, almost, some, sort of, etc…” answers to your questions is “almost” as good as having none. That's why the best course of action is to reach out and schedule a free consultation so that we can work through your problem and I can provide specific, on point advice tailored to you and you alone.
Keep absolutely everything you receive from your creditors, banks, credit cards, the government, collection agencies, bill collectors, your HOA, your mortgage company, your auto loan company and anything else even remotely financial in nature. I understand dropping that “past due” notice in the trash can go a long way toward putting the situation out of your mind, however, it's essential that you keep these communications to preserve any evidence you may need to protect your rights in the future. This means keeping all bills, statements, returned checks, collection letters (including envelopes and attachments) past due notices, invoices, etc. In short, if its related to your debts, property, or finances in any conceivable way, keep it.
The Law Office of Alex McClure provides services in Lake Mary, Sanford, Longwood, Deltona, Deland and all of Seminole, Volusia, Orange, Brevard and Lake Counties.