Showing posts with label debt collection. Show all posts
Showing posts with label debt collection. Show all posts

Debt Collection and Arbitration in Florida

florida debt attorneys in arbitration

Mandatory Arbitration is being written and more often into a variety of agreements, not the least of which are credit and debt agreements.

Even without the specific language of arbitration in an agreement, more and more often, courts are requiring parties in a debt collection dispute to go to arbitration.

If you are going to court over a debt, and facing arbitration, it is always good to have a Florida Debt Collection Attorney with you.  

We have a brief new article on our website that discusses arbitration, and its impact on your ability to collect a debt.

http://debtcollectionattorneyflorida.com/index.php/debt-collection-services/debt-arbitration

Should you require our services, please contact us.  We serve the entire state of Florida, and our sole focus is debt collection.



Clearwater Debt Collection Attorney


Marcadis Singer, PA

Florida Collection Attorney

5104 South Westshore Blvd.

Tampa, Florida 33611
info @ marcadislaw.com

(888) 547-1881

(813) 288-1881

New Clients 

Ext. 247 Gil Singer

Ext. 240 Ralph Marcadis
Existing Client Client Liaison

Ext. 242

To Pay a Claim

Ext.  245


Debts are Like Children

St. Petersburg Debt Collection Attorneys reflect on a little Morning Debt Collection Humor.

Debts are like Children, the smaller they are, the more noise they make  (Old Spanish Proverb)

So... take the smallest debt making the most noise, pay it off, give yourself some relief, then start working on the bigger picture!

Need Debts Collected?

St. Petersburg Debt Collection Attorney Marcadis Singer, PA are ready to help.

Debt Collection Attorney in St. Petersburg


Clearwater Debt Collection Attorney


Marcadis Singer, PA

Florida Collection Attorney

5104 South Westshore Blvd.

Tampa, Florida 33611
info @ marcadislaw.com

(888) 547-1881

(813) 288-1881

New Clients 

Ext. 247 Gil Singer

Ext. 240 Ralph Marcadis
Existing Client Client Liaison

Ext. 242

To Pay a Claim

Ext.  245


Loans written off not paid off

Yesterday we spoke of the improving situation of American Consumer Debt.

Today we will speak to the one of the uglier sides of that story, from a debt collection attorney's perspective.

Debt per household declined, precipitously between 2009 and 2010.

graph is courtesy of neredwallet.com  and can be found at http://assets.nerdwallet.com/blog/wp-content/uploads/2014/03/average-credit-card-debt.png   


It would appear, however that this was not a result of sudden rationality on the part of the American consumer, but rather to a huge volume of loan write offs.  The charge rate, nationwide rose to almost 11% in 2010, as opposed to a norm of around 3%.

The debt collection lawyers of Marcadis Singer, PA have seen this happen clearly in our own efforts, with more and more, specifically credit card debt, being written off as opposed to driven to further collections.


Clearwater Debt Collection Attorney

Marcadis Singer, PA

Florida Debt Collection Attorney

5104 South Westshore Blvd.

Tampa, Florida 33611
info @ marcadislaw.com

(888) 547-1881

(813) 288-1881

New Clients 

Ext. 247 Gil Singer

Ext. 240 Ralph Marcadis
Existing Client Client Liaison

Ext. 242

To Pay a Claim

Ext.  245

Interest on Debt

A favorite old proverb

Interest on Debt, Grows without Rain.

Clearwater Debt Collection Attorney

Marcadis Singer, PA

Florida Debt Collection Attorney

5104 South Westshore Blvd.

Tampa, Florida 33611
info @ marcadislaw.com

(888) 547-1881

(813) 288-1881

New Clients 

Ext. 247 Gil Singer

Ext. 240 Ralph Marcadis
Existing Client Client Liaison

Ext. 242

To Pay a Claim

Ext.  245

http://www.marcadislaw.comhttp://www.marcadislaw.com

When the guys in the White Hats are really not on your side.

From ABC News, as a result of a Press Release from the Federal Trade Commission.


This is about the "credit repair" industry.  They aren't necessarily the guys in the white hats!

Frankly it "galls" us that as debt collection attorneys, we work hard to collect legitimate debt that individuals and corporations owe.  As a matter of internal policy, we are always respectful of the rights and situations of the debtors we contact.  Most have simply fallen behind, some were oversold credit, some lost their jobs.   Our experience though is that most would take care of their debt if given the right combination of time and motivation.  And the debt collection industry has a horrible reputation, and is subject to massive legislation.

Then there is the industry on the other side of the equation.  The guys supposedly wearing the white hats, the ones everyone loves.. Credit Repair Companies.  These folks are largely (although not entirely) unregulated, and many will take advantage of those who are desperate and can least afford their services.

So from the FTC through ABC News, here are the three worst things you can do with credit repair companies.

1.  NEVER pay in advance for credit repair and debt settlement services, its illegal.  Countless lawsuits have been filed against companies in this business that simple took the money and did.. absolutely nothing.  That's your hard earned money.. that could have really helped you by paying down some debt.

2.  Pay Credit Repair companies for what you can easily do your self.  A credit repair company that says they can get true, but unflattering infomration off of your credit report is flat out lieing to you.  If there is information on your credit report that isn't true, a simple letter from you is all it takes, not a high priced credit repair company.

3.  Paying for debt settlement services.  Here's the pitch.. are you ready... "Pay a voluntary contribution to our free services"  (that's an illegal upfront fee, but is pretending to be something else)  Stop all communications with the people you owe money too (that will really motivate them to work with you won't it!)  and we will force them to settle for pennies on the dollar  (well, we won't settle with them for any less than we will settle for you, and, your credit report will be impacted by the fact that its a settlement).

The truth is, this shady industry that promises to get you out of all your troubles might have a few people that truly believe in what they are doing, but they are mostly extorting a buck out of a segment of the population that can least afford it.    If you truly want to help your debt situation, take the money these guys would have taken from you, and offer it to the people trying to collect, explain it's what you have, and how can they work with you.

The guys in the white hats... well.. if it sounds to good to be true, it probably is.


Clearwater Debt Collection Attorney

Marcadis Singer, PA

Florida Debt Collection Attorney

5104 South Westshore Blvd.

Tampa, Florida 33611
info @ marcadislaw.com

(888) 547-1881

(813) 288-1881

New Clients 

Ext. 247 Gil Singer

Ext. 240 Ralph Marcadis
Existing Client Client Liaison

Ext. 242

To Pay a Claim

Ext.  245

http://www.marcadislaw.comhttp://www.marcadislaw.com

Unlimited Credit Reports, for Free?

Cfredit reports help improve your debt.
Unlimited Free Credit Reports with no Catch
You have seen us blog fairly regularly on the importance of knowing your credit score.

Check your credit score.

You can get one credit score a year for free.

But, every time you get your "free credit score" you are enticed into a credit monitoring service that is expensive, or that you sign up for, planning to quit as soon as you get what you need.

You can check your credit every single week.  If any of your accounts are ever turned over to debt collection, you will be the first to know.  The best way to manage your creditworthiness, is to know where you stand at all times.

There is a healthy business model out there of getting people to sign up for expensive subscription services to monitor your credit score, which charges the very people that can't afford it every month!

Enter Google and Credit Karma.   Credit Karma is an interesting story because with Google's financial backing they offer free unlimited credit reports AND credit scores.  That's right, you don't pay a thing.   Google backed Credit Karma of course uses aggregate information about your credit profile to throw you some very enticing ads, but the truth is, Google already knows more about you than your cousins do, and you can always say no to an ad.

Something worth checking out.  Free unlimited Credit Reports and Scores, but it does mean that the Google Powerhouse will have one more level of knowledge about you and your credit worthiness.

Check them out at www.creditkarma.com.

There's a great review of the service on Forbes at http://www.forbes.com/sites/amitchowdhry/2014/07/30/free-weekly-credit-reports/


Clearwater Debt Collection Attorney

Marcadis Singer, PA

Florida Debt Collection Attorney

5104 South Westshore Blvd.

Tampa, Florida 33611
info @ marcadislaw.com

(888) 547-1881

(813) 288-1881

New Clients 

Ext. 247 Gil Singer

Ext. 240 Ralph Marcadis
Existing Client Client Liaison

Ext. 242

To Pay a Claim

Ext.  245

http://www.marcadislaw.comhttp://www.marcadislaw.com




Senate Mandates Private Tax Collectors

Is anyone remembering our past?

Private Debt Collection Agencies to collect debt for IRS
Back in April, the Senate Finance committee approved a services of business friendly tax breaks, expected to cost $85 Billion a year.  To help pay for these tax breaks, one of the tactics was to employ private tax collectors.

Yes... any of us that have sat on the other side of a tax collectors desk, with their extreme power over debtors, must wonder what we in the private sector will be able to do to be more efficacious in debt collection, especially after the sweeping debt collection reform legislation that has significantly impacted out business.


The truth is that the Treasury Department already has the authority to use debt collectors but doesn't, for the simple reason, it doesn't work!  The IRS has followed this path on two other occasions, and also failed - failed horribly.

Back in 1996, the pilot program resulted in $17Million loss to the IRS, great profits to the debt collectors, and la suites over the violation of the Fair Debt Collection Act.

With the massive sweeping reforms to tighten the FDCPA, how much more successful could this adventure be?

While anything to support the Tax Collection Industry at this stage would be a lifeline to those collection attorneys that are not adapting well to new legislation, the fact of the matter is, Tax information is among the most heavily protected information that the US government holds.  Almost all of it protected from sharing with outside entities.  We debt collectors cannot by law be given enough information to collect a debt.

The IRS with its immunity from FDCPA, manages to collect 62% more in back taxes than private collection agencies in past tests.

The real issue here is that the IRS has the ability to use strong arm tactics that would land debt collectors in jail.  Solving a pure staffing and backlog past due debt collection effort by the IRS by hiring private collection attorneys, who do not have the tools at the IRS's disposal, nor frankly would we want them, is just not the right answer.

While the prospect of increasing the private debt collection industry, perhaps exponentially, is certainly appealing.. perhaps.. cleaning their own house, and training more collectors internally, given their success rate using draconian collection methods not available to the public, is a more rational exercise.

Who among us has the brevity to ignore the past due tax bill letter, as opposed to discarding dunning notices from the Tax Collection Attorneys.

Is it any surprise that the Tax Collection Agencies approved seem to be from the states that the two Senators that put forward the bill are from?

This Tax Collection Attorney will take the "watch and see" attitude.


Clearwater Debt Collection Attorney

Marcadis Singer, PA

Florida Debt Collection Attorney

5104 South Westshore Blvd.

Tampa, Florida 33611
info @ marcadislaw.com

(888) 547-1881

(813) 288-1881

New Clients 

Ext. 247 Gil Singer

Ext. 240 Ralph Marcadis
Existing Client Client Liaison

Ext. 242

To Pay a Claim

Ext.  245

http://www.marcadislaw.comhttp://www.marcadislaw.com



Q&A Regarding the handling of debt.


Man, Person, Money, Big, Fifties, Bag

Everyone would get and stay out of debt if it were that easy.
However, with the current outstanding consumer debt at nearly $3 trillion – there are definitely some problems. 

Common Questions Regarding Debt

Question: Is it wise to borrow from my IRA or 401k to pay off debt?
Answer: By looking for the money to pay off debt, you ignore the reason you’re going into debt. It is highly suggested to fix your current problems before looking for a final solution to your debt.
Question: A former spouse was assigned specific debts during our divorce but has not paid them and is ruining my credit? What should I do?
Answer: As a joint owner of an account creditors have the legal right to attempt to collect debt owed from you. Not to mention that the charge-off of the debt will remain on your credit report. It would be best to contact your attorney and ask about having your ex held in contempt for not obeying the divorce decree.
Question: Can my Social Security benefits be garnished?
Answer: Banks are required, by the U.S. Department of Treasury, to protect federal benefits from being garnished. However, the federal benefits must be directly deposited into the bank account and the protected amount is restricted to the total of two previous months of benefits deposited prior to the garnishment order.
Question: After my fiancée and I are married will her creditors seek me for her bills?
Answer: The sole responsibility of any debts accrued is of the owner of the debt after marriage. If you share a joint bank account with her and her creditors sue in court, then it is possible that the funds can be garnished from the bank account.
Question: How do I protect my credit if I co-signed a loan for my relative and he has stopped paying what is owed?
Answer: It will likely be in your best interest to make payments on the loan. As the co-signer you have a responsibility towards the loan and can collect from you.
Question: My debt is past the statute of limitations. Why is it still being reported on my credit report?
Answer: The statute of limitations varies on what kinds of debt and debt by state. Regardless, it has nothing to do with the reporting your credit.



Clearwater Debt Collection Attorney


Marcadis Singer, PA

Florida Collection Attorney

5104 South Westshore Blvd.

Tampa, Florida 33611
info @ marcadislaw.com

(888) 547-1881

(813) 288-1881

New Clients 

Ext. 247 Gil Singer

Ext. 240 Ralph Marcadis
Existing Client Client Liaison

Ext. 242

To Pay a Claim

Ext.  245


Debt Collection Questions - Part 1

We are often presented with questions by the people we collect from.

These answers should be considered general common sense, and not specific legal advise.  Every one's situation is different, and we are specifically not offering legal advise in the following article.

Debt Collection Questions


Should I borrow from my retirement to pay off debt?

Frankly, most people are over their heads in debt due to bad spending habits.. and not addressing that issue first, makes attacking future savings not a great idea.  If  you find yourself in debt due to unforeseen issues, like a loss of employment, or other catastrophic event, not miss-management, then it is likely you will be able to rebuild your retirement reserves.   Evaluate the REASON you are behind in debt, before you jump to how you will resolve that debt, especially if it involves raiding the stores that you plan to use to support yourself in your retirement.

My X-Husband was supposed to pay that off in the divorce.


We are sorry to tell you, if your name is on the bill,  you owe it.  If the courts assigned that debt to your X, then you still owe it, and the best you can do is pay it, and go after your former spouse for the money.

WHAT ABOUT MY SSI BENEFITS!  Are They Safe?


Here's your general guideline.  Your social security benefits are generally protected from garnishment or levy  IF they are direct deposited into the bank, and UP TO the total of the last 2 months of benefits.

I'm getting married, what about her debts from before the wedding?


Debts incurred prior to marriage are generally not marital debts, and are not owed by the other spouse after the wedding.  BUT - if you have a joint account - that account is subject to garnishment.  Again - this is "generally speaking" and not legal counsel.





St. Petersburg Debt Collection Attorney


Marcadis Singer, PA

Florida Collection Attorney

5104 South Westshore Blvd.

Tampa, Florida 33611
info @ marcadislaw.com

(888) 547-1881

(813) 288-1881

New Clients 

Ext. 247 Gil Singer

Ext. 240 Ralph Marcadis
Existing Client Client Liaison

Ext. 242

To Pay a Claim

Ext.  245



Paying Off Debt without Using Your 401(k)

Paying Off Debt without Using Your 401(k)



paying debts with 401K



Having unsecured debt can be a drain on your finances, but before you use your retirement savings to pay it off, you have to look at how you accumulated the debt in the first place.  Paying off your debt will solve the problem in the short run, but if you don’t address the cause of your debt, you will be doomed to repeat it.

Create a Budget


A large amount of unsecured debt is usually a result of living beyond your means.  Look at your budget and see where you can make cuts in order to keep your expenses down.  If you don’t have a budget, then it is time to get busy and create one.  

Budget to pay your bills, including your unsecured debt, and then set aside money to go into savings as well.  Your budget should account for about 90% of your income and another 5% to 10% will be for incidentals that you might buy everyday, such as a cup of coffee.  Sticking to a budget is the best way to get a handle on your spending habits.

Trimming the Fat


The next step in taking back control of your money is to trim unnecessary expenditures.  Instead of paying someone to mow your lawn, do it yourself to save money.  If you have more than one car, determine if two cars are necessary and, if you find that they’re not, sell one of them.  Downsize where you can to cut expenses and, if need be, take on another job to help pay for those items you deem as necessities.

Set Goals for Paying Off Debt


When you set your budget, set a time limit for paying off your unsecured debt.  By setting a goal, you will be able to budget how much you will need to set aside each month to pay off the credit cards or personal loans that are outstanding.  Try not to touch your retirement savings because you could end up losing more than you will save.

Penalties for Using 401(k)


If you have a 401(k) and you want to use it to pay off unsecured debt, try to ignore the temptation to do so.  People who are under the age of 59 1/2 who withdraw money from their account will pay a penalty of 10%, plus taxes on the money they take out.  This could easily cost you more than slowly paying off your debt.


St. Petersburg Debt Collection Attorney


Marcadis Singer, PA

Florida Collection Attorney

5104 South Westshore Blvd.

Tampa, Florida 33611
info @ marcadislaw.com

(888) 547-1881

(813) 288-1881

New Clients 

Ext. 247 Gil Singer

Ext. 240 Ralph Marcadis
Existing Client Client Liaison

Ext. 242

To Pay a Claim

Ext.  245


Handling Late Payments

Q: My business cash flow is being affected by customers failing to pay on time or making partial payments. What can I do to collect on the money that is still owed to me?

A: This is an issue that is becoming more and more prevalent in these tough economic times. Sales are the life blood of every business, and that often means extending credit to make those crucial sales. If the money is not paid back in a timely fashion, cash flow problems can arise. If you find that your business is having these types of issues, you need to take a serious look at your existing credit policies. That may mean implementing a collection procedure designed to collect monies that are owed.

Before implementing any kind of plan, you need to take a close look at your accounts receivable. It is time to see which accounts are current, which might be paid with a little bit of poking and prodding, and which are ready to go into the written off pile. The account due that fall into the latter category can be put in the hands of a collection agency in an effort to recoup what you are owed, leaving you free to pursue those that can be handled in-house. You need to start working on those potentially collectible accounts as soon as possible, but also need to ensure that any action you take is done in compliance with the Fair Debt Collection Practices Act. Full information on said act can be found at the Federal Trade Commission website at http://business.ftc.gov/credit-and-finance/debt-collection

While it may be difficult to contact customers regarding unpaid debts, it is a necessary evil. It does not matter how good a customer they have been in the past or how you think it will affect future business, the reality is that you have a right to be paid what is owed. A personal phone call is often the best way to resolve such issues. It may well turn out that circumstances other than negligence are to blame for the arrears. Some may be experiencing a temporary cash flow problem, while technical issues could be to blame for others. Once the situation has been explained, you can then create a payment plan that is equitable to you both, making it clear to the client that they will only be able to order on a COD basis until the past due amount is paid in full. Should the terms of that agreement not be met, you will then need to call in a collection agency.


Many of your potential issues can avoided if you put a clear credit sales policy in place. That means having a definite idea of which customers are in fact eligible for credit and how long they have to repay it. You may also consider offering discounts to those customers who pay early. If choosing that option, you should also put in place late charges for those who do not pay on time, although you will have to have a clear knowledge of the laws that dictate how much can reasonably be charged. For more information on charges such as that, take a moment to speak to Marcadis, Singer, PA.




St. Petersburg Debt Collection Attorney


Marcadis Singer, PA

Florida Collection Attorney

5104 South Westshore Blvd.

Tampa, Florida 33611
info @ marcadislaw.com

(888) 547-1881

(813) 288-1881

New Clients 

Ext. 247 Gil Singer

Ext. 240 Ralph Marcadis
Existing Client Client Liaison

Ext. 242

To Pay a Claim

Ext.  245