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!

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.

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!

2007 CACH Judgement Vacated

2017-02-13

My client contacted my office about a bank levy and paycheck garnishment she received with no warning. Our office realized that in 2007, CACH, LLC obtained a default judgment against the this person. A default judgment occurs when the Defendant is served with a lawsuit but fails to file any papers in opposition to the lawsuit within the time proscribed by law. The court then enters a default judgment which means you lose the case by default. My client denied receiving the lawsuit and said had she received it she would remember and have hired counsel immediately. One of the issues my office was concerned about was that the case was so old there wouldn't be any documents left to review. The courts routinely destroy old documents.

The Law Offices of Shaya Markovic, PA immediately filed a Motion To Quash Service of Process and Vacate Default and Final Default Judgment. Our position was that our client, the defendant, was never served with a lawsuit and thus since she never was served the judgment against her was invalid. We also filed a Claim of Exemption, We had a hearing on the Claim of Exemption first since the court expedites those hearings. At the hearing were successful in having the judge stop any further garnishments until after the Motion to Quash Service of Process.

A month or so later, the court had the hearing on the Motion to Quash. We brought our client to the hearing, had her sworn in and she testified that she never received the lawsuit as well as a series of other questions. Our goal was to obtain enough facts from her testimony that the judge would find, by a clear and convincing standard that she was not served with the lawsuit. After a 30 minute hearing the court ruled that our client was not served with the lawsuit and as such, the court vacated the judgment and dissolved the writ of garnishment. This was a huge relief for our client as she was unable to afford losing any of her pay or money in her accounts.

If you have received a CACH LLC lawsuit in Miami or South Florida contact The Law Offices of Shaya Markovic. If you have a judgment that you don't remember call The Law Offices of Shaya Markovic. Our office will thoroughly review your case and advise you of the past course of action. We fight all debt collectors and aggressively represent consumers for any debt collection violations. We are available nights and weekends, provide payment plans, and offer flat fees. Call us at (786)529-2176.

Debt Collector’s Proof of Claim Raises FDCPA Liability

2016-06-03

The 11th Circuit Court of Appeals recently held that a debt collector who files a proof of claim in a bankruptcy proceeding violates the Fair Debt Collection Practices Act (“FDCPA”) when the claim is for a time barred debt. The case is Johnson v. Midland Funding.

When filing bankruptcy, the bankruptcy code permits a creditor who wants to have a claim for repayment from the debtor to file what is called a proof of claim. This is an assertion that the debtor owes the creditor money. However, an issue arises when the creditor is a debt collector and files a claim for an amount that is beyond the applicable statute of limitations. The reason is that Fair Debt Collection Practices Act prohibits debt collectors from using any “false, deceptive, or misleading representation or means in connection with the collection of any debt.”

The Court found that there was no conflict between the FDCPA and the bankruptcy code. The filing of a proof of claim is misleading and is attempting to collect a debt which the creditor wasn’t legally entitled to collect due to it being beyond the statute of limitations, which is an FDCPA violation.

If you are being harassed for a Miami debt by a debt collector or any other party, feel free to contact The Law Office of Shaya Markovic, P.A. for a free consultation. There is no fee for my office to represent you in debt collector harassment cases. My office fights and sues debt collectors for violating debt collection laws. The Law Office of Shaya Markovic, P.A. (786)529-2176.

$12,045.87 NCEP, LLC Lawsuit Dismissed; Debt Collector Pays Our Attorney Fees

2015-03-29

Another great win for a consumer against a debt collector trying to collect a South Florida debt. NCEP, LLC filed suit against our client in Broward court seeking in excess of $12,000.00 for a payday loan that was taken out in 2006. The Client retained our office, The Law Offices of Shaya Markovic, P.A., to defend him in the case. The client informed our office that the reason he stopped paying on the account was due to the company closing down and not leaving any location to continue making payments on the account but that he was still willing to make a payment on the account to resolve the litigation.

However, after a review of the lawsuit, it seemed that there were numerous potential violations of the Fair Debt Collection Practices Act. Our office immediately filed a counter lawsuit claiming that NCEP was attempting to collect interest at a rate that exceed the amount permitted under Florida law (18%) and that they were attempting to collect a debt that was beyond the Statute of Limitations.

During the lawsuit, NCEP sold the debt to Atlantic Credit & Finance Special Unit III, LLC (“Atlantic Credit”) who continued with the litigation. During the negotiations with their counsel, Atlantic Credit agreed to dismiss the lawsuit against my client and pay attorney fees to The Law Office of Shaya Markovic, P.A.

If you have been sued your first step should always be to speak with an attorney that is familiar with debt collection laws. Although many attorneys could easily have settled the case, not all would be aware of the defenses that exist or willing to file a counter lawsuit. If you are being sued or feel you are being harassed for a Broward or Miami debt contact The Law Offices of Shaya Markovic, P.A. for a free consultation at (786)529-2176.

Defend Cavalry SPV I, LLC Lawsuits

2016-04-28

Have you been sued in Miami Dade or Broward for a Cavalry SPV I Lawsuit? The Law Offices of Shaya Markovic, P.A. fights Cavalry SPV I, LLC lawsuits. In many cases, our office has had success in getting these cases dismissed.

As with most debt buyer cases, there are many defenses that could be raised on your behalf. Not only does our firm look to get Cavalry SPV I cases dismissed, but if there are any violations of any consumer debt protection laws my office will Sue Cavalry SPV I for violating these laws. These include violations of the Telephone Consumer Protection Act, Fair Debt Collection Practices Act, and the Florida Consumer Collection Practices Act.

Cavalry SPV I is a debt buyer and thus does not directly loan money to individuals. Rather they will buy the debt from another company such as a credit card after their debt has been charged off. If you have been sued by Cavalry SPV I call The Law Offices of Shaya Markovic, P.A. at (786)529-2176 for a free consultation.