Hard Choices to Debt Free

If you are truly serious about getting out of debt            

Many consumers are over their heads in far too much debt, but few have the temerity to actually make the hard choices to take care of it.

Below we present 8 sure fire ways to get you out of debt.  Stop the debt collection attorneys from calling, and begin a new life, without the burden of seeing all of your income, go to debt collections.

If you want the glorious retirement without the debt, the time for the hard choices is now

1.         Clearly understand your situation

List all of your debt, every single one, along with their interest rates, and the minimum payments.  Get your current situation catalogued.

2.         Set short term, attainable goals.

As you reach an easy short term goal, it becomes motivating to reach for greater and stronger goals.

3.         Start Paying your highest interest rate loans first.

Get the most bang for your buck.  If you have a card at 4% interest, and one at 19% interest, making smaller payments on the first, and larger payments on the more expensive card will get you out of debt faster.

4.         Trade In Big Ticket Items

Here’s where it starts getting difficult.  Giving up what you don’t need.  If you have a car that you can get $20,000 for, and can buy a used car on a lot for $10,000 – congratulations, you have $10,000 to pay off high interest debt, and begin enjoying a financially healthier lifestyle.

5.         SELL

That’s right, sell, and make Craigslist or EBay your friends.  Go through your possessions, and ask when you truly used it last.  Exercise equipment sitting un-used in the corner – it might give you an extra $150 in cash on Craigslist towards paying off debt, and will free up a corner.   Do you really need 2 computers, and an IPAD?  There could be another $1,000 in there to pay off debt.  When was the last time you brought out the party margarita mixer… 3 years ago?  $50 on craigslist to pay off another card.  Most people would be amazed at how much they have, that could be sold without any compromise to their lifestyle.  Imagine though the lifestyle you would enjoy with no debt!

6.         WORK

Good old fashioned “earn your way” through debt.   If you truly want the lifestyle of not paying every penny to debt collectors, to have money to retire on, to be able to get your family what they need, then what about… Earning It.

Overtime, an Internet based job, phone sales, baby-sitting, its’ a a second job, not a career.  Find something to bring in extra dollars, and apply everyone of those dollars to paying down the debt.  A short term of extra work, will win the rewards of a lifetime with manageable finances.

7.         REWARDS

When you hit one of your short-term goals, allow yourself a reward.  That reward does not have to be a trip to Europe, or a $200 shopping spree.  Instead, how about an extravagant coffee at the local specialty coffee shop, with someone important to you to celebrate the success?  Why not a post on social media, congratulating yourself to beating down another debt?  Let your friends be supportive, or better, envious.

8.         WINDFALLS

Did you just get a bonus?  An IRS refund?  Inheritance?   Windfalls often “go up in smoke” with people afterwards saying… What happened?  Don’t let your windfall vanish into the daily grind of spending.  Kill debt, and have that windfall give back to your over a lifetime of financial security.

Hard choices, for a great life!

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

Using a Debt Collection Professional in Florida

Florida Debt Collection 

Sometimes even with a court order in hand you still can not collect on a debt. Florida debt collection may be something you need a professional service to enforce. Collecting on a debt can be as hard or as easy as you choose it to be.

It can be very difficult to run your business and worry about collecting money that is owed to your company. It really comes down to a time a factor. Florida is one of the most consumer friendly states in the union which means that if you need to collect a debt there are very strict guidelines and rules that you must follow or you risk losing your ability to collect the debt.

The Proper Procedures 

There are some very effective ways that you can collect a debt that is owed that fits in with the strict guidelines of Florida debt collection. Utilizing the proper procedures will allow you to collect the money that is owed to you and insure that you are within the law.

Staying within the law AND getting your money is possible when you are using an agency that knows how to get your money by:

• Wage garnishment 
• Property seizure 
• File a claim as a debtor in a bankruptcy action. 

The above are only a small list of potential remedies to enforce a court ordered debt collection. The procedures above are very affordable ways to collect your debts.

Finding the Time 

Each of the aforementioned do take time. Time invested to start the process and time invested to make sure that you get your debts collected. The importance of finding a business that can help you with your collection activities is very clear.

Besides the time that you will have to invest it is also difficult to walk the line between being able to collect your debt and making sure that you stay within the law. It can be very hard to understand the legal ramifications of proper Florida debt collection processes.

With the right experience Florida debt collection is very possible instead of almost impossible if you do not have the right experience.  The right experience will allow you to quickly collect your debt without fear of stepping over the bounds.

You do not have to find the time to collect on your legitimate debts you can easily have a professional firm do it for you. The process is fast and simple when you have a firm that you can depend on to get results.

Ralph Marcadis @ NARCA

Managing Partner Ralph Marcadis is off t the beautiful Loews Miami Beach for the National Association of Retail Collection Attorney's spring conference.

Bring us back lots of good stuff, and enjoy the conference!

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

Q & A’S REGARDING THE FLORIDA COURT SYSTEM

Q. We hear a lot about small claims.  Is there an advantage in filing in small claims court?

A. In Florida Court System you cannot choose to file in small claims court. Whether you file in Small Claims, County Civil, or Circuit Civil depends on the size of your case.   Small claims court filings are for cases with balances of $1.00 to $4999.99.  County Civil cases are for balances of $5,000.00 to $14,999.99.  Circuit court Cases are for balances $15,000.00 and over.  The balances are determined without interest and attorney fees.

As a practice note, you could chose to lower your claim amount to under $5000.00.  If you did the court would not have jurisdiction to award more than that.

Q. How is small claims court different than County or Circuit Civil Court?    

 
A. The difference begins with how the cases start.  In Small Claims Court the Clerk of Court issues a “NOTICE TO APPEAR” with a Pre Trial Conference date set forth in the notice.   The defendant needs to be served with the “Notice to Appear”.   All parties must appear at the Pre Trial Conference.  If the Defendant is served and fails to appear we get a default.   If the defendant is not served with the notice we need to locate a better address, we have the clerk reissue the notice to appear and we start over.

At the pre-trial conference, the defendant will either admit or deny the debt.  Either way, in most counties, the judge or clerk will send us to mediation to attempt to resolve the matter.  For example, in Orange County (Orlando) and Pinellas County (St. Petersburg and Clearwater, Florida) we will be in mediation before we even see the judge.  Therefore, it’s always best for us to have settlement authority going into the pre-trial or at least a phone number and person to contact with our client.

With County Civil and Circuit Civil cases the clerk of court issues a 20 day summons.   The process server or sheriff must serve the summons on the defendant at which time the defendant is required to file a pleading (motion to dismiss or answer) with the court with a copy to our office.

Q. Can the client appear by phone at trial or mediation?

A. The general rule for Small Claims cases is yes, the client and other witnesses can appear by phone for both the mediation and trial.   As always there are some judges who will refuse to allow our client’s to appear by phone.

For County and Circuit Civil cases the general rule is no, however it will depend on the opposing party and judge’s wiliness to permit the witness to appear by phone.

As a practice note:  It is less effective for the client to attend a trail by phone as the judge may be less able to judge the credibility of the witness.  A judge once indicated that if all things being equal, (“he said; she said” issue) the person sitting before him and not the client on the phone will more likely win

Florida is considered to be a state favoring the rights of debtors over creditors, and this is true in many instances. Despite this, our state has two separate and distinct statutes to assist creditors when a debtor has committed fraud.  Oftentimes a judgment debtor may appear to be insolvent and uncollectible based upon their testimony and documentation produced. In reality, they may have transferred their assets to third parties or otherwise hidden assets that can be recovered.

Florida Statute 59.26, The Florida Proceedings Supplementary statute, allows a judgment creditor to implead (add as a defendant) any personal or entity that was the recipient of a conveyance made to defraud creditors or delay collection of a judgment. The court, assuming it finds that assets were improperly transferred, may order the assets returned to the debtor’s estate for sheriff’s levy, garnishment or other execution or may hold the implead party liable for the debt up to the amount of the improper conveyance. The statute is vague as to how it is to be enforced, leaving the courts broad discretion to fashion a remedy that best does justice to the creditor, while ensuring that the implead defendant is accorded its due process as required by law.

The second remedy designed to assist creditors in recovering assets fraudulently transferred is Florida Statute 726, entitled the Florida Uniform Fraudulent Transfer Act. This statute allows a creditor to void fraudulent transfers both before and after judgment against a debtor. It allows, among other remedies, for the appointment of a receiver or for injunctive relief to halt or reverse  a fraudulent conveyance.

Both statutes can be employed together or separately., depending upon the facts of each case. Each remedy has a  different Statute of Limitations and has other subtle differences as well.   At Marcadis Singer, PA, we have almost 35 years of experience in discovering  fraud and recovering  assets using these remedies. For more information please contact Gil Singer at gsinger@marcadislaw.com

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

Jacksonville, Duval County Debt Collection Attorneys

Jacksonville is home to the Alma Mater of Partner Ralph Marcadis.

It is also home to the Fourth judicial Circuit Court of the State of Florida.

The Jacksonville 4th Circuit court is one of the more impressive buildings that we have represented creditors in debt collection law suits, and serves Clay, Duval, and Nassau Counties.

One of the hallmarks the Chief Judge Donald R. Moran, Jr (Chief Judge for the 4th Circuit Court) is his attention to providing efficient justice in a fair manner, ever mindful of both our time, and the limited resources he has to work with in our tight economic environment.

Whenever Ralph travels back to Jacksonville in a debt collection action, the fourth circuit court has a feeling of “coming back home”.

It is a magnificent structure, and a well oiled complex, focused on fairness, and efficiency.

The courthouse is located at 501 West Adams Street, Jacksonville, Florida 32202.

If you have a debt collection action that requires the attention of a Florida Debt Collection attorney, please give us a call.

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)

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.

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