If you are facing a financial crisis, now is the time to seek help. At the Tam Law Group, we are experienced in helping consumers resolve their debt problems through a variety of affordable and effective solutions.
When you hire us you’ll always be represented by a qualified, experienced attorney who understands your problems and can help you find the right solution. You won’t meet with a paralegal, you won’t have to fill out long client packets, and you won’t wait for weeks until an appointment becomes available.
We invite you to explore our website to review the areas in which we can help consumers in their battle against mounting debt and the associated problems that always come with it.
CALL TODAY TO SET UP A FREE CONSULTATION (305) 357-0518.
Credit Reporting Errors
Credit Reporting Errors
Today, the most essential part of a person’s public record is their credit history. Across every key area of life, credit has become the primary driver of the American dream. If you want to rent an apartment, own a house, qualify for a good job, get insurance, obtain higher education or start a small business, then good credit is the key that unlocks these doors to material security, prosperity and growth.
If you’re like most Americans today, obtaining credit is fairly simple. If you have a steady job, an acceptable debt-to-income ratio, and no history of serious credit delinquency, you can obtain more credit than you’ll probably ever need. As long as you don’t become overextended and make sure that you don’t miss a payment due date by more than thirty days, your credit score will continue to improve, and your buying power will keep on growing.
But many in Florida face the flip side of this equation, and often through no fault of their own. As fair and impartial as financial institutions purport the credit system to be, the fact is that mistakes in reporting credit information still occur at alarming rates. These mistakes leave affected consumers financially disenfranchised from the rest of us, exposed to long-term financial problems that can limit life’s possibilities and close them off from their shot at the American dream.
Many people simply choose to hire a credit repair company to assist them in resolving their credit report problems. That's fine, and there are a number of reputable credit repair companies to work with. But, at some point the dispute process comes to an end, and you may still be left right where you started. That's why it's important to consult with an attorney experienced in Fair Credit Reporting Act matters. If you have suffered damages because your credit report is inaccurate, and the bureaus or furnishers fail to correct the information, we sue on your behalf to enforce your rights.
We help consumers in Florida facing:
• Debt collectors who send false information about them to a Credit Reporting Agency (CRA);
• CRAs who inaccurately post information about consumers in consumer and credit reports;
• Illegal disclosure of medical and private health information;
• Illegal disclosure of information that can lead to identity theft and credit fraud
• The Re-aging of a debt on your credit report. *After seven (7) years of defaulting on a debt, the debt is to be removed from your credit report* However, be aware that if your debt is in default for four (4) years, and you decide to make a payment on the debt, the debt will remain on your credit report for an additional seven (7) years. Essentially, the debt would remain on your report for 11 years.
• Sometimes debt collectors or errors with the CRAs, the date of last activity on the debt could be drastically incorrect, thus causing additional years of default on your credit.
• Companies who, for no reason, or without consent of the consumer run your credit history in order to solicit business to you.
Are you drowning in debt? Are aggressive debt collectors snapping at your heels? If this is the case, then you are not alone. Americans are constantly bombarded with inflated bills and payments including mortgage payments, automobile payments, insurance payments, telephone bills, etc. The sad consequence of this is that millions of Americans resort to credit cards to make ends meet and quickly accrue a substantial debt they have no means of paying back. Moreover, the ramifications of credit card debt and unhealthy debt management takes an emotional toll on people causing undue stress and anxiety. This does not have to be the case.
Overzealous debt collectors hoping to collect added interests on substantial outstanding debts target these same people. While not every debt collection agency practices shady means of collection, a substantial few break the law when attempting to collect a debt. If you are ever harassed in any way by a credit card debt collection agent or agency, you are liable to seek damages for their transgressions.
Another practicality people with outstanding credit card debt face is being sued by their creditor. While not common practice, creditors can sue to collect an outstanding debt. Typically, creditors will only resort to a lawsuit if the debt is substantial. However, sometimes, a creditor will resort to deceptive means in attempt to collect the credit debt.
As a consumer law firm focusing on Credit Card Debt Defense, we can help you mount an aggressive defense and pursue grounds for case dismissals and substantial discounts on your credit debt for you.
Don’t ignore a collector lawsuit!!!
Throughout the state collectors are filing thousands of suits against debtors. The collector is either the original creditor or a debt buyer. The distinction is very important.
A debt buyer is a company that purchases debt from the original creditor – the original company that provided you with credit. Debt buyers often can’t prove their case. To determine this, a skilled attorney will pose questions to the debt buyer during the process called the discovery period. The debt buyer’s responses will indicate whether the collector can meet each element of his case. Very often they cannot!!!
A skilled attorney can get a debt buyer’s case dismissed without the client having to pay a nickel to the collector. Dismissal of a debt buyer case is a likely outcome no matter if you owe $1,000.00 or $50,000.00 so it is best to hire an attorney that will vigorously defend and pursue dismissal of the case.
Original creditors like Citibank, American Express and Discover are becoming more aggressive with debtors by filing suit. Very often you won’t even be warned that you are being sued and before you know it you are being served at home or at work.
In order for the original creditor like Citibank to prevail on his breach of contract action, it must have evidence of a signed agreement between the creditor and the debtor. Amazingly enough, credit card companies are notorious for keep poor records.
Often there are amendments to the agreement and interest increases to the original agreement and these must be produced as well.
We charge a flat rate for handling credit card lawsuits in small claims court (< $5,000) and county court ($5,000 - $15,000). These rates do not include possible costs such as court reporter and transcript fees. Your consent will be obtained prior to incurring those costs. Contact us for rates on circuit court cases.
If you are behind in paying your bills, you can expect to hear from a debt collector. A debt collector is someone, other than the creditor, who regularly collects debts owed to someone else. Lawyers who collect debts are considered to be debt collectors, too. And debt collectors are abusive. They violate the law, but you can fight back!
Debt collectors generate more complaints to the FTC than any other industry group. The list of things a debt collector is prohibited from doing is exhaustive and complicated. If you want to get an idea of whether you are being abused, seek the advice of a consumer rights attorney.
Debt collectors must treat you with truth, fairness, dignity, and respect. Period. Debt collectors are regulated by numerous state and federal laws in their debt collection activities. That's where our firm can help. Most people know that debt collectors cannot abuse them on the phone or in writing--what many people don't know is that they have a lot of other legal rights, too. The Fair Debt Collection Practices Act ("FDCPA") lays down the federal law for how debt collectors have to behave when they are collecting from you. This article will briefly outline some of the important consumer rights afforded to you under the FDCPA. Some states also have their own laws which are similar to the FDCPA.
For example, a debt collector cannot call you at work if they know that it's inconvenient for you, or that your employer prohibits it and you've told them that. Debt collectors cannot tell others about your debts, like your family, neighbors, co-workers, or your boss. They cannot threaten to garnish you wages or sue you unless they are attorneys licensed in your state. They cannot get you fired from your job, embarrass you, or humiliate you to get you to pay a debt. These are just a few of the numerous protections you have as a consumer. If a debt collector violates your rights, our firm can help. As a consumer, you are afforded a lot of consumer protections against debt collectors, both state and federal. Our firm works for consumers whose rights have been violated under the FDCPA and other consumer protection statutes. If you have been subjected to any collection harassment, contact us immediately.
As a consumer, you are entitled to file a lawsuit against any debt collector who violates your rights under the FDCPA. In short, the FDCPA allows a consumer to recover their actual damages, statutory damages of up to $1,000 and their attorney's fees and costs. While this may seem like a modest amount, to debt collectors who violate the law there is much more at stake: Increased insurance rates, decreased collection rates, potential governmental regulatory action, and the spiraling costs of defending a lawsuit for their illegal conduct.
The deck is stacked against consumers with sophisticated debt collection tactics. As a consumer, you should not hesitate to shield yourself from these sharp practices and exercise your rights under the FDCPA. Our law firm has the experience, resources and ability to to zealously represent you in your FDCPA action against any debt collector. We file federal civil lawsuits against debt collectors who violate any state or federal law. The FDCPA prohibits any collection efforts which violates any law. That means that amongst other things, a collector must tell the truth, be respectful to you, and cease communicating with you when you have a lawyer. Our firm can and will make illegal collection activity stop dead in its tracks.
We firmly believe that everyone should pay their just and owing debts. But our country was founded on historic legal principles which rejected debtor's prisons and the like. Likewise, we think that no debt collector ought to violate your rights to get payment. It's that simple. Your legal right to fair, legal, debt collection activity cannot take a back seat to any debt collector's violations of state and federal law.
Furthermore, in Florida, you are also protected against unfair, unreasonable and deceptive collection tactics by creditors as well. This protection comes from the Florida Consumer Collection Practices Act. If you believe you are the victim of illegal collection activity, call us today!
Are you receiving robocalls on your mobile phone? Robocalls include automated phone calls made using autodialers, as well as those that contain pre-recorded messages. This means that even if you receive a phone call from a live person, the call is still considered a robocall if it is made using an autodialer. The law specifically prohibits companies from using autodialers to call people. An autodialer is any type of equipment or computer software that dials phone numbers without human intervention. Even if a live person is on the other end of an unwanted call you receive, it is possible that the call was made using an autodialer. If you pick up the phone and are greeted by a pre-recorded message, the call was almost certainly made using an autodialer. In addition, calls made using autodialers frequently result in hang-ups or lengthy periods of “dead air” before a live person comes on the line.
You can stop these calls to your cell phone however. And if the calls don't stop, the collector must pay damages of $500 per call, $1,500 per call if willful. Congress passed a law called the Telephone Consumer Protection Act (TCPA) to govern telemarketing. However, it also applies to debt collection calls. These calls are legal ONLY if the debt collector has your permission to call your cell. You may have listed your cell number on the application for credit, or maybe the company trapped your phone number when you used your cell to call them. You may revoke consent, however, and you can do so either orally or in writing.
his also applies to unwanted texts form telemarketers.
In order to assist your attorney in evaluating your case, here are some tips:
- Make a log of robocalls you have received
- Save any pre-recorded messages you have received on your mobile phone
- Download your phone bills for the months in which you received robocalls
- If you are using a pre-paid phone, request copies of your phone records from your service provider (some make it available, some do not)
- If you withdrew express consent to receive robocalls, mark down the date and time you spoke with the caller.
If you are looking for information on defending your home from foreclosure, scroll down. If you have already lost your home to foreclosure and are now being sued by Dyck-O'Neal for a deficiency judgment, it's time to consult with an attorney. You only have 20 days to respond to a lawsuit filed by Dyck O'Neal for any alleged deficiency you may owe. Do not ignore this lawsuit, even if you plan to file bankruptcy. If you ignore the suit, and a default judgment is entered, Dyck Oneal could garnish your wages or seize your assets. Some creditors go so far as to challenge the discharge ability of the deficiency in bankruptcy if there was any fraud in obtaining the loan (such as providing false income). You may have many defenses available to you to either dismiss the case, win the case, or even reduce the value of the deficiency claimed. If you would like to set up a consultation, contact us today at 305-357-0518.
The prospect of losing your home can feel paralyzing and hopeless.
We will analyze your situation to determine your options for fighting foreclosure and help you make informed decisions. Challenging foreclosure buys you precious time to pursue alternatives:
If you are currently in foreclosure, you were likely served the foreclosure complaint when a process server handed you or your spouse the foreclosure summons. Once you are served with the foreclosure complaint you only have 20 days to respond in writing to the Court and to the Plaintiff. If you fail to answer the foreclosure summons your best defenses will be waived.
In plain language the foreclosure process allows the bank to take your home and apply the value or sale price at auction to the outstanding balance of your loan. Some mistakenly believe that the worst that can happen is the bank will take your home. Unfortunately, the consequences of a foreclosure are often much worse. The banks can not only take your home, but they can garnish your wages and bank accounts to collect the balance of what you owe.
When the value of the home is less than the amount owed on the loan then the homeowner will be charged with a deficiency judgment after the foreclosure sale. As we all know most homes in Florida are underwater, or worth less than the amount owed. If you are in this situation you risk being sued for the deficiency balance.
However, there are steps you can take after being served with a foreclosure summons, which will protect you and your family. A foreclosure defense lawyer can help show you how to save your home and develop a strategy to protect you from a deficiency judgment.
If you are serious about saving your home the first question on your mind should be, "How is Foreclosure Defense even possible?" Banks argue you agreed to a debt (your mortgage). If you're having problems paying it isn't their problem - and anyone who advocates otherwise is a fraud.
The truth of the matter is that in order to keep the momentum of the steam roller that is the mortgage industry rolling lenders and brokers often crossed ethical - and legal - lines that can be use in your defense. The bank may have you feeling like you have no options - but the truth of the matter is that they are the ones with their hands in the cookie jar. They're afraid they're going to get caught.
Waiting until the lender forces you out of your home does not have to be your only option, no matter how limited your financial resources are.
Can I really fight my foreclosure – Yes you can. Many homeowners have defenses to foreclosure that allow them to win or delay the foreclosure lawsuit. We will identify your best foreclosure defense strategy to help you take back control of your situation and stop the mortgage company from taking advantage of you. These foreclosure defense strategies will allow you to leverage your position no matter if you are trying to qualify for a loan modification, want to explore a short sale or deed in lieu or even utilize a strategic default with a waiver of deficiency.
This cannot be stressed enough - You only have 20 days to respond to the foreclosure summons and complaint.
From the date that you receive your summons or complaint, the clock is ticking. To protect your rights, you must respond in writing within 20 days or lose the right to do so. Even if you do not know for certain if you want to keep your home you still should respond to the Court within 20 days. Failure to answer the foreclosure summons within 20 days may cause you to lose valuable defenses in your case. To discuss your options please contact our foreclosure attorney to learn more.
Are you struggling financially due to credit card debt, medical bills, pay day loans, foreclosures, unsecured loans, wage garnmishments, repossessions, judgments, deficiency judgments or any other type of debt? Would you be interested in getting a fresh start financially? If the answer is YES, then filing bankruptcy may be an option for you.
Call today for a FREE CONSULTATION - (305) 357-0518
Bankruptcy provides a debtor certain protections during his or her elimination process, however there are two types of bankruptcy that a debtor can choose to file each having their own benefits and detriments. There is no one right answer to determine whether Chapter 7 or Chapter 13 is better because the decision to file different chapters of bankruptcy are made on a case by case basis.
Benefits of Filing Bankruptcy in General:
The filing of any type of bankruptcy will bring into affect the automatic stay. The automatic stay is like a shield that prevents or stops any further actions against the debtor until the bankruptcy is over. The automatic stay will prevent any lawsuits, freeze any current lawsuits, unfreeze bank account, as well as undo wage garnishments.
Benefits of Filing a Chapter 7 Bankruptcy in Florida:
A Chapter 7 bankruptcy is often the best choice for individuals who are currently facing a severe financial hardship. A Chapter 7 bankruptcy allows the debtor to eliminate his or her debts within a 90 to 100 days. The debtor will be allowed to eliminate medical bills, payday loans, utility bills, unsecured loans, repossession debt, foreclosure debt, or basically any other unsecured debt that he or she may have.
Chapter 7 bankruptcy will not be beneficial for a debtor who has lots of assets (cars, bank accounts, investment accounts, jewelry, etc.), because under Florida law a debtor who files for Chapter 7 bankruptcy is limited to the amount of assets he or she may keep. If the debtor is well over the allowed asset protection, then he or she will likely have to forfeit some of their assets in order to eliminate their debt liabilities.
The filing of a Chapter 7 bankruptcy will NOT eliminate a second mortgage or a home equity line of credit on real estate unless the debtor surrenders the real estate entirely. The process known as lien stripping or wiping out second mortgages/home equity lines is a process only applicable in a Chapter 13 bankruptcy.
Finally there are certain financial tests that will determine whether or not the debtor will be allowed to file a Chapter 7 bankruptcy.
Benefits of Filing a Chapter 13 Bankruptcy in Florida:
A Chapter 13 bankruptcy is often to the best option for debtors who have lots of assets or who have multiple mortgages on their home. Unlike a Chapter 7 bankruptcy, in a Chapter 13 bankruptcy a debtor will be allowed to retain most or all of his or her assets (if certain conditions are met). Furthermore a debtor who has fallen behind on his or her mortgage, car payment, or any other type of secured debt can play catch-up in their Chapter 13 bankruptcy.
The Chapter 13 bankruptcy requires the debtor to file a plan whereby the debtor will make a monthly repayment on the debt owed for a period of either three or five years. At the end of the three or five year plan the debtor’s debts will be wiped out.
One of the best benefits of a Chapter 13 bankruptcy is the ability for a debtor to strip or wipeout a second mortgage or a home equity line of credit on real estate. If the debtor can show that the value of the first mortgage is greater than the value of the real estate then all subsequent mortgages or equity lines can be stripped or wiped out.
Daniel Tam has long been an advocate for individual rights afforded by our Constitution, our federal laws, and our state laws. Beginning with his time at the Legal Aid Society in Manhattan, Daniel has fought hard to give a voice to the underrepresented in our judicial system.
An attorney for more than 20 years, Daniel is committed to fighting for consumers to provide the best resolution possible to their legal problems.
Daniel attended the University of Michigan where he played for and coached the University Men's Lacrosse team. He then received his Juris Doctorate from Brooklyn Law School, where he was named Editor-in-Chief of the School's Magazine, The Justinian.
Daniel is a member of the New York Bar, the Florida Bar, and the United States District Court for the Southern, Middle and Northern Districts of Florida and the Eastern and Southern Districts of New York.
Daniel has lectured on issues related to Debt Collection, Credit Reporting and Credit Repair.
Call us today for a free consultation. 305-357-0518.
CONTACT US TODAY TO SET UP A FREE CONSULTATION
We are located in Miami Beach