Our attorneys
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Florida Phone: 800-530-OVLG ext.8031 Admitted in the Northern and Middle Districts of Florida |
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Florida Phone: 800-530-OVLG ext.8013
Robert J. Pellegrino, P.A. |
Debt Consolidation in Florida
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If you have multiple debts and don’t know where to turn, then opting for debt consolidation in Florida can be a great solution.
It doesn’t matter what kinds of debt you have, debt consolidation can always solve your problems. Florida has many experienced debt consolidation lawyers and consolidation companies that are accredited by Better Business Bureau (BBB). These companies offer a professional approach to helping you regain control of your finances and become financially independent.
Florida debt consolidation merges all of your debts into a single loan that you repay over time at a reduced interest rate.
How does Debt Consolidation Program work in Florida
Debt consolidation in Florida is a combination of various processes that are extremely rewarding for consumers who are in debt.
Here are some things to keep in mind while selecting a debt consolidation program in Florida:
- Find the best possible consolidation plan for yourself by working with your debt consolidation lawyer to decide upon the right program. Conduct a market survey to find the best interest rate.
- Select the loans you want to use in your consolidation program and calculate what you have to pay each month.
- Decide on the term of the loan. There are two types of terms, fixed and variable terms. Fixed will help you get out of debt fast while a variable term loan will reduce your interest rates.
- Look for lower interest rate on your consolidation loan. Sometimes the loans that you are already paying may have interest rates lower to that of the consolidated loans. In such situations you have to work out your program with your lawyer to get a lower interest rate.
- Take time to understand the fee structure, penalties, terms and conditions of your loan. Ask your lawyer about any concerns before the loan is processed, because once processed there can be no alterations.
Consolidation Loans in Florida
In Florida, debt consolidation can be done personally or through a debt consolidation company. If you decide to consolidate your loans by yourself there are several choices.
Loans are divided into:
- Unsecured Loans:These loans do not require any personal assets as collateral. The advantage of taking an unsecured loan is that you can repay your debts without risking your valuable assets.
- Secured Loans: These loans do not require any personal assets as collateral. The advantage of taking an unsecured loan is that you can repay your debts without risking your valuable assets.
Role of Consolidation Companies in Florida
If you are considering a debt consolidation company to help you, keep a few things in mind:
- First, you should check the accreditation of the company with the Better Business Bureau (BBB). Look out for any consumer complaints against them.
- Ask for references from your friends and relatives. Check to see whether they had had any problems with the company.
- The consolidation company reviews your entire financial situation. After that they decide which relief program will suit you best.
- After they have gathered all the required information, they can help you with your budget plan and suggest ways in which you can reduce your debt.
- The companies work with your creditors to fix the payment plans and the lowest interest rates.
- After you have enrolled in a debt consolidation program, the company notifies your creditors to contact the company regarding any issues.
How does Debt Consolidation in Florida affect your Credit Score?
Enrolling in a debt relief plan in Florida automatically creates a negative impression on your credit score. Credit counselling does not affect your credit score for FICO purposes. Still many creditors ignore FICO and continue to think poorly of counselling. This may create a partial negative effect on your credit score.
In general, debt consolidation does not hamper your credit score drastically. It enables you to repay your debt at a lower interest rate, and enables your creditors get back their money. In case of any dispute regarding inaccurate information dissemination, you can report the case to the credit bureau directly. Credit card debt laws prohibit you from removing any accurate, current, and verifiable information from your credit report. The credit bureau has the right to remove any information from your report if it is over 7 years old.
Things to remember while in a Consolidation Program in Florida
There are a few important things you should avoid while in a debt consolidation program:
- Illegal companies with a bad reputation.
- Do not believe in high claims and assurances from a debt consolidation company.
- Avoid services from companies that use marketing scams such as spam email, junk mail, and telemarketing.
- Do not enrol with any company that charges you money before considering your situation.
- Be cautious of any services that use illegal means to help debtor. Have written documents for everything from the company in order avoid legal hassles.
Debt Settlement in Florida
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If you are a resident of Florida facing overwhelming debts, it is time for you to consider some serious debt settlement options. It will not only relieve you from your everyday tensions of debt repayment but also save you from drowning into debts.
Debt settlement in Florida enables you to reduce your debts and improve your finances. So, if your debt problem is giving you sleepless nights, stop worrying! Your solution at your fingertips!
How Debt Settlement works in Florida
Debt settlement in Florida is the same as debt settlement in every other state. The first thing you need to do is to confirm that the company you are considering for debt settlement is accredited by the Better Business Bureau (BBB). If the accreditation is properly listed you can enroll yourself with the company and discuss your financial situation. The company will offer a customized solution based on your needs and provide you with the help you need.
In Florida, you can negotiate your debts down on your own or through a debt settlement company. In either case you or the company negotiate with your creditors to reduce the amount of debt that you owe. An experienced debt settlement lawyer can negotiate with your creditors to get you the best deal. If the settlement program is successful, you will save a lot of money.
In order to be eligible for a debt settlement program you must be financially unable to make the minimum payments.
Duration of the Settlement process in Florida
In Florida the duration of the settlement process varies according to the client's situation their ability to pay. Most of the time, the case gets resolved in about 15 to 36 months. The more you can pay toward your debt, the faster you will be debt free!
How Debt Settlement in Florida affects your Credit Score
Debt settlement is one of the best options to consider if you have a lump sum debt. However, debt settlement does have some adverse effects on credit ratings, but not as bad as bankruptcy. In some cases, if negotiation fails the creditor may take legal action against the consumer in order to collect the full amount.
Benefits of Debt Settlement:
- You repay less than the original debt you owed.
- Freedom from late night calls from creditors.
- After the settlement is finished you can start saving money.
- You are protected from wage garnishment and mortgage foreclosure.
Tax Consequences
In Florida the tax consequences of debt settlement can be confusing. The IRS regards any unpaid amount of debt forgiven by a creditor to be income to the debtor, and requires that they pay taxes on that amount unless they are insolvent.
If you are insolvent (you owe more than you own), you do not have to pay any taxes on the amount of debt forgiven.
Florida residents should consult a tax specialist in their state to find out the requirements of their state taxing authority.
Bankruptcy in Florida
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If your debt situation has gone from bad to worse, it may be time to consider bankruptcy.
How to file for Bankruptcy in Florida
Filing for Bankruptcy in Florida can give you a fresh financial start. But if the process is not handled well you may end up losing your all of your asset to your creditors.
Bankruptcy is governed by federal law, and in order to file for bankruptcy you have to submit a petition in the federal district court nearest your home. State law determines which assets can be protected. Check out the state exemptions before filing for bankruptcy in Florida.
There are various debts which are not discharged by bankruptcy. In the US these debts include child support payments, taxes or fines, student loans, luxury purchases made just before filing, and debts due to criminal activities.
Chapter 7 Means Test
In 2005, Congress enacted some changes to the bankruptcy code, adding among other provisions, a test that every debtor wishing to file under Chapter 7 Bankruptcy must qualify for. In order to qualify for Chapter 7 Bankruptcy under the Means Test you must make less than the minimum wage for your state as U.S Census Bureau. A rough estimate of the income level is as follows:
Estimate of Income
2-person families 52,2593-person families 58,574
4-person families 69,009
5-person families 66,248
6-person families 63,759
7-or-more-person families 66,941
Exemptions available during Bankruptcy in Florida
The exemptions allowed during bankruptcy vary from state to state. Thus before filing for a bankruptcy program, check out the various exemptions that are offered in this state.
Homestead Act: protects debtor's home/property if it does not exceed half an acre in municipality or 160 acres elsewhere.
Personal Items: $1,000 or $4,000 if no homestead exemption.
Retirement Assets: proceeds of insurance plans, some pensions.For other exemptions allowed in Florida, you should consult a licensed Bankruptcy lawyer in your state.
What makes you eligible for the Exemptions in Florida?
You are eligible for the bankruptcy exemptions in Florida if:
- You should have been living in Florida for the past 2 years previous to bankruptcy filing. Or
- If you have not lived in a single state in the previous 2 years but you have spent the majority of the 180 day period preceding the 2 year period in Florida.
In case you do not qualify for the Florida exemptions, you can use the federal exemptions!
Seek services of the Bankruptcy Lawyer in Florida
When filing for bankruptcy, it is important to have the right person by your side that can provide you with the right advice. And no one can guide you better than a bankruptcy lawyer in your state.
In Florida you can get help from an expert bankruptcy lawyer who will not only provide you with guidance to help you with your debt crisis but also design plans that can prevent further debt. With their expertise and skill you can look forward to a debt free life in the future.
Payday Loans in Florida
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Payday lending is legally authorized under Florida law. Payday lenders are not entitled to charge more than 10% interest. Under Florida law you can take out only one payday loan at a time. If you are unable to repay the loan by the due date, the creditor can provide some grace period before collecting the debt if you have attended credit counselling sessions and enrolled in a payment plan with the lender.
The following are some of the things that you should be aware of when taking out a payday loan in Florida:
Maximum loan amount: A borrower can borrow up to $500, excluding fees.
Loan terms: The maximum term of the loan is 31 days.
Extensions: Consumers cannot rollover or have an extension of their loans without a payment plan with the lender or attending a credit counseling session.
Fees and charges: A payday advance company can charge a maximum fee of 10% of the loan amount. It may also charge a verification fee.
Fee schedules and APR: The APR for a two-week loan in the amount of $100 is 390%.
Every payday lender should have a license issued by the Florida Financial Institutions Department in order to give out pay day loans. If the payday loan store/lender fails to renew his/its license, it may result in the termination of his/its business. The Financial Department also holds the right to sue an individual or a pay day lending firm in case he is found to run a payday business knowingly without a license. Any kind of criminal actions or fraud is strictly prohibited under this law.
Payday loan laws are meant to safeguard consumer interests and to save them from any legal hassles. A payday loan lawyer can always give you the right advice!
Debt Collection and Consumer Protection Law in Florida
The Florida legislature has added some supplementary state laws to the Federal Fair Debt Collection Practices Act of 1977 (FDCPA).
The Florida debt collection laws is not only restricted to "creditors" but includes "collectors" as well. The law further prohibits any kind of misrepresentation, unreasonable practices, threats or harassments to the debtor by the creditor or collection agency.
If a business violates the Florida collection practices act, consumers can sue the debt collectors who violate the statutes. Further, the state statutes also allow a special award of punitive damages, and lawyer's fees at the judge's discretion. If you need help or advice on the Florida or Federal collection practices acts, a good collections lawyer can give you all the help you need to fight abusive creditors and collection agencies.





