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Debt Settlement in the Sunshine State

Author: Robert Zangrilli Author Ranking Blue | Posted: 29-12-2006 | Comments: 0 | Views: 635 | Rating:  (250) Article Popularity - Blue (?) Got a Question? Ask.
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(The author of this article is not a lawyer, nor should this article be substituted for legal advice by a practicing attorney. For legal advice, please contact an attorney.)

debt settlement in Texas these concerns are very much diminished. Why is Florida debt settlement so preferable compared to a lot of other states? The reason is Florida has highly favorable debtor laws that give consumers a lot of rights and protections when it comes to past due unsecured accounts like medical bills, credit cards, repossessions, and personal loans.

How State Collection Laws Benefit Florida Debt Settlement

Every state has laws that say if a collections agency is collecting a debt, they are legally obligated to stop contacting a consumer if the consumer sends a Cease and Desist letter and/or a Power of Attorney notifying the collection agency that a third party is responsible for handling all communications with the creditor. Florida law takes it a step farther and not only limits harassment from collection agencies, but also from the original creditor as well. In most states, when a consumer falls behind on their payments and the debt is still being collected by the original creditor (the bank that originally lent you the money or the hospital that serviced you, for example), then the creditor is reserved the right to call the debtor on a daily basis in order to collect whatever is owed, and although debt settlement companies servicing these clients can very easily reduce the calls (changing of your phone number and address and notifying the creditor that you are seeking third party help, for example), no one can ever make the calls completely stop.

This is not the case however for Florida debt settlement clients. In Florida, the same law that deals with what collections agencies can and cannot do when collecting a debt also pertains to the original creditor. What does this mean in practice? It means that a debt settlement company servicing someone from Florida can easily get the calls to not only reduced, but completely eliminated all together (sometimes within days).

State Homestead and Garnishment Laws and How They Benefit Florida Debt Settlement

For Florida debt settlement clients, their wages and home are completely protected, which gives the creditor even more incentive to settle. Given the fact that creditors already have every incentive to settle even with clients who reside in states with less favorable debtor laws, Florida debt settlement clients are in an even stronger negotiating position with their creditors. What does this actually mean? Typically it means greater savings than what the average debt settlement in the United States. Let me explain.

Although the vast majority of cases settle, as anyone who has ever read a debt settlement contract will tell you---it’s impossible for a debt settlement company to guarantee that a client won’t be the target of any legal action by their creditors. After all, creditors are always reserved the right to sue debtors to collect a past due account, regardless of whether the consumer is taking any action to resolve the outstanding debt.

In the event a creditor sues a consumer in court and wins a judgment, they’ll usually go about executing the judgment in one of the following ways:

1) Wage garnishment---contacting your employer and asking that they set aside a percentage of your wages every paycheck until the debt is paid back in full. (It’s illegal for an employer to fire you for this unless more than one creditor is garnishing your wages).

2) Lien on your property---obligates you to pay back the creditor with any proceeds from the sale or refinancing of the property. A creditor prefers to put a lien on your home since it usually increases in value over time, which means the proceeds from your home’s sale will be higher, and thus they’re more likely to actually get paid back.

3) Seizing your bank account---contacting your bank, showing the proof of judgment, and asking to freeze and withdraw any monies held in deposit under your name.

Fortunately, Florida laws protect “head of household” from having their wages garnished (unless you authorized in writing to allow your creditor to garnish your wages) and entitle Florida consumers to 100 percent homestead protection in the event of a lien. (Note: this may not apply to tax liens, alimony, or contractor’s liens.) Any wages that are deposited in your bank account are also exempt for up to 6 months after you deposited them.

In sum, these are major advantages for Florida debt settlement clients. Keep in mind that the vast majority of cases are settled successfully regardless of the legal advantages of the consumer. When you consider Florida state laws, debt settlement makes even more sense for the credit card companies, debt collection agencies, and consumers. In the end, debt settlement in Florida is an ideal solution for consumers overwhelmed with medical bills, credit card debt, personal loans, and repossessions.

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About the Author:

Robert Zangrilli is the CEO of Franklin Debt Relief. FDR’s “New Deal” program is specifically tailored to provide Florida debt settlement. The "New Deal" program provides debt reduction for consumers overwhelmed with bad credit card debt.

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