Markovic Law

Florida Bankruptcy Exemptions

2020-05-21

HOLLYWOOD FLORIDA BANKRUPTCY ATTORNEY

Florida has numerous exemptions available that can be used to protect your property when filing bankruptcy for both Chapter 7 bankruptcy or Chapter 13 bankruptcy. If the property is exempt then you can keep the property. In most cases when filing a Florida Bankruptcy you will use the Florida exemptions. You must have lived in Florida for 730 days for Florida's exemptions to apply otherwise the Federal bankruptcy exemptions are used or the state you were previously living. Here, we will only discuss Florida exemptions.

HOMESTEAD BANKRUPTCY EXEMPTION

Florida has one of the most generous homestead protections in the country. To claim Florida's homestead exemption you must have owned the property for at least 1215 days before filing and the property must not be larger than one half an acre in a municipality or 160 acres anywhere else. If you meet these requirements you will be eligible to keep an unlimited amount of equity in property. Keep in mind this only applies to a homestead and not to investment or second homes.

PERSONAL PROPERTY EXEMPTION

If you're claiming a homestead exemption then up to $1,000 in personal property, art, and electronics may be exempted. If you're not taking the homestead exemption then up to $4,000 in personal property may be exempted. Further, you can exempt educational savings accounts, health savings and hurricane savings as well as others.

FLORIDA MOTOR VEHICLE EXEMPTION

Up to to $1000 in a motor vehicle equity may be exempted. If you're married you can increase the exemption amount.

RETIREMENT/PENSION ACCOUNTS

Many types of these accounts can be exempted in a Florida Bankruptcy petition including:

Teacher retirement accounts
municipal police pensions
401K
ERISA retirement accounts such as 401Ks, IRAs, 403b, profit sharing, SEP accounts, and other defined retirement plans.

If you're considering filing bankruptcy in Broward, Miami or Palm Beach, contact The Law Office of Shaya Markovic for a free consultation. We are a Hollywood, Florida bankruptcy and consumer protection law firm ready to help you. You can reach us at (786) 529-2176 for a free consultation.

Sued by CKS?

2019-12-24

Who Is CKS Financial?

CKS is a debt collector based out of Chesapeake, Virginia and began operating in 2009. Recently, our office has seen an uptick in their filings in Miami and Broward county. CKS has been accused of multiple Fair Debt Collection Practice Act (FDCPA) violations according to our research.

What should you do?

If you have been sued by CKS Financial for an alleged debt in south Florida, you should contact The Law Office of Shaya Markovic, PA. Our office has defended consumers in cases brought by CKS Financial and their attorneys. If you have been harassed you may be able to receive compensation of up to $1,000 or more if you have suffered actual damages. CKS may also have to pay your attorney fees and costs which means there is no upfront fees to you., you only pay if we can win your case. Our office may also be able to have this debt removed from your credit report.

The lawyers at The Law Office of Shaya Markovic aggressively fights CKS Financial lawsuits and have sued CKS Financial for violating the FDCPA. The FDCPA protects consumers from debt buyers such as Credit Corp from engaging in false, misleading, deceptive and harassing tactics when collecting debts. We represent consumers against debt buyers in Broward, Miami and Palm Beach. We provide an aggressive defense customized to your case. Call us at (786)529-2176 for a free consultation to see how we can help you!

Sued By Credit Corp Solutions?

2019-09-24

Who is Credit Corp Solutions?

Credit Corp Solutions is a debt buyer based out of Utah and incorporated in 2011. They purchase debts for significantly less than what the consumer owes and then sues consumers for the full balance. They typically purchase old credit card accounts, personal loans, and account receivables. They files thousands of cases a year in South Florida.

What should you do if you've been sued by Credit Corp?

Stay calm! Do not contact Credit Corp solutions, but rather you should immediately contact an experienced debt defense lawyer, to give you guidance. As a debt buyer, Credit Corp Solutions lawsuits provide for many defenses that can be used to win your case or reduce the balance significantly possibly even wiping away the balance. When suing consumers, Credit Corp must prove that they have legal standing to sue you, the balance they are seeking is correct, and that you owe the debt. This may sounds simple, but from a legal perspective it's very much not simple and not easy for a debt buyer to do.

The lawyers at The Law Office of Shaya Markovic aggressively fights Credit Corp Solution lawsuits and has sued Credit Corp Solutions dozens of times for violating the FDCPA. The FDCPA protects consumers from debt buyers such as Credit Corp from engaging in false, misleading, deceptive and harassing tactics when collecting debts. We represent consumers against debt buyers in Broward, Miami and Palm Beach. We provide an aggressive defense customized to your case. Call us at (786)529-2176 for a free consultation to see how we can help you!

Are you being sued or harassed by Autovest?

2019-09-24

If Autovest is suing or harassing you contact our office for help!

If you have been sued by Autovest for a debt or deficiency balance, they may be using unlawful means to collect the debt allowing you to defend this lawsuit. Autovest is a debt buyer and purchases accounts from original creditors and then seeks to collect on the full balance of the deficiency. It's important to contact an experienced debt defense lawyer to properly review your case and determine your defenses. Don't assume you owe Autovest any money until you have had your case reviewed by our experienced attorneys. There are many legal defenses to these cases that you may not be aware of, such as a statute of limitation defense, legal standing, or unclean hands to name a few.

How can our office help?

Our lawyers has saved consumers millions of dollars every year on their debts and may be able to help you too!

The Law Office of Shaya Markovic will review the lawsuit and documents for any defense you may have.

Has the statute of limitations expired?
Does Autovest have all the documents they need to prove their case?
Was the vehicle sold in a commercially reasonable manner?
Were you provided proper notice of the sale of the vehicle and lawsuit?

The Law Office of Shaya Markovic fights Autovest lawsuits throughout South Florida (Miami, Broward and Palm Beach). We provide free consultations and are available nights and weekends as needed. If you are being sued by Autovest or any other debt collector call our office at (786)529-2176.

Sued by LVNV Funding?

2019-09-18

If you have received a LVNV Funding lawsuit, you may be wondering who they are, why you're being sued by them and most importantly what you should do next. The debt defense lawyers at Markovic Law have your answers. LVNV Funding purchases debt from original creditors such as credit card companies and then sues for the full amount of the debt. LVNV claims that they are the new owners of the debt and therefore you need to pay them. Our lawyers have defended thousands of these cases and are well prepared to represent you. These cases provided for many defenses that can be raised on your behalf to get the best result possible for you, including a possible dismissal of the entire debt. It's important you contact our office immediately as many times a delay can affect the outcome of your case.

If you or someone you know has been sued in Miami, Broward or Palm Beach by LVNV Funding or any other debt collector, please call the debt defense lawyers at The Law Office of Shaya Markovic for a free consultation at (786)529-2176. We provide low flat fees customized to each client. Our office fights and sues debt collectors of any violation of law.

Midland Funding Lawsuit Settled for Just $355

2017-06-11

Our client was served with a lawsuit in Fort Lauderdale by Midland Funding claiming to be the assignee of a Synchrony Bank/Old Navy credit account. Midland funding was represented by Cooling & Winter debt collection law-firm. The debt lawsuit was in Broward county and for over $3,000. Although our client wasn't sure she wanted to fight the case, we discussed her case and she decided she would fight the case. Since this was in small claims court, we first went in for the pretrial conference, At that time opposing counsel made an offer of about half lawsuit amount. My client was excited about the offer, however, I felt we could do better. I contacted the Cooling and Winter attorney who represented Midland Funding and discussed my clients the case. Although I was hoping to get a dismissal of the credit card lawsuit, we agreed on the costs of filing which were $355.50. My client was really happy with the outcome, far better than what she expected.

The Law Office of Shaya Markovic, P.A. is a Broward county debt lawsuit defense firm. We fights all South Florida debt lawsuits including repossessions, credit cards, and student loans. We aggressively fight debt collectors and their attorneys in court and hold them accountable for their actions. If you have been sued for a debt lawsuit contact The Law Office of Shaya Markovic, P.A. to find out how we can help you. Many cases we go to court so yuo don't have to. We provide free consultations, charge flat fees and provide payment plans. Call our office at (786)529-2176.

UPDATE - CACH LAWSUIT DISMISSED

2017-03-26

We previously blogged about our client who found out she had a judgment against her from a 2007 Cach, LLC Miami lawsuit. Client had no knowledge of the case and denied being served with the lawsuit. Our office filed a Motion to Quash Service of Process and Vacate Final Default Judgment. After an evidentary hearing, the court granted our motion.

Portfolio Recovery Lawsuit DISMISSED

2017-03-15

Our office was recently retained by a client who was sued in Miami Dade by Portfolio Recovery Associates LLC for a credit card debt. She informed us of some personal issues she was having that resulted in her not being able to keep up with some of her debt payments. Many of her debts were sold and transferred between different debt collectors. Our office immediately went to work reviewing her case and noticed numerous issues with the lawsuit and exhibits attached. We've also litigated and sued Portfolio Recovery Associates on numerous other cases and they know how we fight for our clients. We contacted opposing counsel on this case and were successful in obtaining a dismissal of the client's case. This means the client didn't have to pay any amount to the debt collector including the amount of the lawsuit, costs or attorney fees.

If you have been sued by Portfolio Recovery Associates in Miami or Broward county, call The Law Offices of Shaya Markovic, PA at (786)529-2176. We are a Hollywood Florida credit card lawsuit defense law firm aggressively defending clients sued by debt collectors. We provide free consultations, flat fees and payment plans, and are available nights and weekends.

10 Year Old Judgment Vacated

2017-02-27

A few times a month my office receives a call from a potential client who finds out their wages are being garnished or their bank account has been frozen and they have no idea why. The only way for that to occur is either the government or more commonly through a judgment and court order. In almost all these cases, the Defendant claims they were never served with a lawsuit. If a person was never properly served with a lawsuit, the judgment would be invalid - assuming the correct steps are taken. The problem that arises is that many cases are years old and the documentation leading up to the judgment is no longer available through the courts. The most important document is the Verified Return of Service. This is the document that includes all the information of how, when, and where a person was served with the lawsuit.

My recent client allegedly received a Miami Dade credit card lawsuit in 2007 filed my CACH LLC, and had a judgment entered against her later that year. She claimed was never served with the lawsuit. After contacting the clerk of courts, my office was informed that the file was destroyed years ago. We then contacted opposing counsel who at first refused to provide our office with any documentation knowing that we were trying to vacate the judgment. We were able to contact previous counsel on the case, who did provide us with the return of service. The document stated that my client was served with the complaint, however contained numerous inaccuracies. Our office scheduled an evidentiary hearing with the court. We knew we had a tough case, but put together a plan to win. Ultimately the court ruled in our favor and found that the defendant wasn't served with the CACH LLC lawsuit and the judgment was vacated. If CACH LLC wants to continue with the lawsuit they will need to serve the defendant, and my office will be there to fight for my client's rights.

The Law Offices of Shaya Markovic, PA is a Hollywood Florida debt lawsuit defense law firm. Our office fights Miami and Broward credit card companies and debt collectors in court. If you have received a debt lawsuit in South Florida, call our office for a free consultation at (786)529-2176 for a free consultation. We provide payment plans, flat fees, and are open nights and weekends if you need. We look forward to fighting for you!

$1,615.90 Portfolio Recovery Associates Lawsuit Dismissed

2017-02-26

A returning client of ours recently was served with a Broward County debt lawsuit filed by Portfolio Recovery Associates LLC. Although the amount of the lawsuit wasn't a huge amount of money, we were pretty confident that we could get the client a good outcome and save her money. Since her other case resulted in a dismissal, we felt the bar was set high in this new case. The case was in small claims court where more lenient rules of procedure apply, yet we felt confident that we could take on Portfolio Recovery Associates attorneys, Hayt, Hayt, and Landua PL. Although we can't give away our litigation strategy, I can say that a lot of our success in these cases are built up over time through litigating other cases. Ultimately our office was able to get the case dismissed.

The Law Offices of Shaya Markovic PA is a Hollywood, Florida debt lawsuit defense attorney. We represent individuals sued by credit card companies and debt collectors in Miami, Florida. If you or someone you know has been sued or harassed by a debt collector, contact a debt lawsuit defense attorney. Our office provides free consultations, flat fees, payment plans and is available to meet on nights and weekends. The Law Offices of Shaya Markovic, PA can be reached at (786)529-2176.