Credit Card Debt
Helping you settle credit card debt and get on sound financial footing
Credit Card Debt Attorney In Miami, Florida
Are You Drowning In Credit Card Debt?
If you’re struggling to make ends meet and falling behind on your credit card payments, taking action early can make a significant difference. Waiting until a credit card company files a lawsuit can limit your options and increase the financial pressure you’re already facing. Michael J. Brooks works with individuals in Miami, Florida to review their debt situation, explain their rights, and outline practical steps to address credit card balances before matters escalate.
If a lawsuit has already been filed and no response is made, the court may enter a judgment against you, which could lead to wage garnishment or bank account levies. By seeking guidance promptly, you may be able to explore solutions such as negotiated settlements, structured repayment plans, or bankruptcy relief, depending on your circumstances.
You don’t have to face aggressive collection efforts alone. Contact Michael J. Brooks, P.A. today to discuss your options and take the first step toward regaining control of your finances.
Call Michael J. Brooks, P.A. at 305-400-4595 to schedule a consultation with a lawyer today.
What If My Creditors Have Already Started Legal Proceedings?
First, don’t panic—but act quickly, especially if a creditor has already filed a lawsuit. Ignoring court papers can result in a default judgment, which may lead to wage garnishment, bank account freezes, or other collection actions.
Michael J. Brooks works directly with clients in Miami, Florida to respond to legal proceedings and evaluate the best course of action. Depending on your situation, it may be possible to pursue an out-of-court settlement or structured repayment arrangement. In many cases, creditors are open to negotiating because receiving a portion of the balance owed can be preferable to extended litigation or a bankruptcy filing. The key is taking action before your options narrow. Contact Michael J. Brooks, P.A.
today to discuss your situation and begin working toward a practical solution.
What Options Do I Have?
First, Michael J. Brooks will carefully review your credit card debts to confirm that the balances are accurate, the statute of limitations has not expired, and the debt is properly attributed to you. This initial review is an important step in determining how to move forward.
From there, he can communicate directly with your creditors to seek reduced monthly payments, negotiate a lower overall payoff amount, or work toward a settlement that fits your financial circumstances. If court involvement becomes necessary, Michael J. Brooks will represent you and advocate for a fair resolution.
While many people view bankruptcy as a last resort, it may be appropriate in certain situations. If needed, he can also explain how Chapter 7 or Chapter 13 bankruptcy could address overwhelming credit card debt. The goal is to help you navigate this difficult period and move toward greater financial stability. Schedule a consultation with Michael J. Brooks, P.A. in Miami, Florida today to discuss your options.
Frequently Asked Questions
What is a garnishment?
A garnishment is when a creditor gets a court order that if there is an asset that someone is holding on your behalf, that person or entity must keep holding that asset until further order of the court. When wages are garnished, your employer will get sued and have 20 days to respond. They must tell the creditor how much you are getting paid and how often. The employer must also tell the creditor how much the employer is withholding for taxes, insurance and retirement, if any. The court will order that the creditor withhold 25% of the balance due to you as garnished wages until the court can determine whether those wages are exempt or can be given to the creditor.
When are wages exempt?
Wages are exempt if you are the head of a household with dependents. A dependent is anyone who receives at least 50% of their income for you. So if a parent or even a stranger gets 50% or more of their income from you, they are a dependent and your wages are exempt. The way this is proved is from your tax returns. If you list this person as a dependent on your returns, that’s proof that they are your dependent. All of this is defined by Florida Statute section 222.11.
What is a levy?
When there is a judgment against you, the credit card company or any other creditor can have the sheriff take an asset of yours. This includes a car or a bank account. Once an asset is levied, you can object to the levy by going to the court and claiming the asset to be exempt. Most exemptions are defined by Florida Statutes section 222, and the Florida Constitution. There are other exemptions statutes, but these are the main one’s.
What happens if some of my assets have been garnished or levied if I file for bankruptcy?
Once the bankruptcy is filed, the assets that were taken or that are being held must immediately be returned. Any claims of exemption can be made in the bankruptcy court.
What happens if I can't pay my credit card debt in Miami?
If you can’t pay your credit card debt, your credit card company may send your account to a debt collection agency. Continued non-payment can lead to a lawsuit.
Can a credit card company sue me in Miami?
Yes, a credit card company or a debt collector can sue you if you default on your credit card payments. If they win the lawsuit, they may be able to garnish your wages or put a lien on your property.
How can bankruptcy help with credit card debt in Miami?
Filing for bankruptcy can help discharge credit card debt. In Chapter 7, most of your unsecured debts, including credit card debts, can be discharged. In Chapter 13, you repay a portion of your debts, including credit card debts, through a repayment plan.
What is the statute of limitations for credit card debt in Miami?
In Florida, the statute of limitations for credit card debt is typically five years. This means a creditor has five years from the date of your last payment to sue you for the debt.
Can I negotiate my credit card debt in Miami?
Yes, you can negotiate with your credit card company for a lower interest rate, a reduced payment, or even a reduction in the total amount you owe.
What is credit card debt consolidation?
Debt consolidation is a strategy that involves combining all your credit card debts into one loan with a lower interest rate. This can make your debts easier to manage and reduce your overall interest payments.
Can credit card debt affect my credit score in Miami?
Yes, high credit card balances can lower your credit score. Late or missed payments are also reported to the credit bureaus and can significantly impact your credit score.
What happens to credit card debt when someone dies in Miami?
When someone dies, their estate is responsible for paying off any credit card debt. If the estate doesn’t have enough assets to cover the debt, it usually goes unpaid. Credit card debt does not pass on to family members unless they are co-signers on the account.
Can credit card debt be included in a Chapter 7 bankruptcy in Miami?
Yes, credit card debt is typically dischargeable in a Chapter 7 bankruptcy.
Can credit card debt be included in a Chapter 13 bankruptcy in Miami?
Yes, credit card debt is included in the repayment plan in a Chapter 13 bankruptcy. The amount you’ll have to repay depends on your income, expenses, and types of debt.
Disclaimer: We are a debt relief agency. We are attorneys who help people file for bankruptcy relief under the bankruptcy code.
Have Questions About Bankruptcy?
If you’re considering filing for bankruptcy or simply want to understand your options, Michael J. Brooks, P.A. is here to help. Call 305-400-4595 today to speak with Michael J. Brooks and get clear answers about your rights, the bankruptcy process, and the steps you can take toward financial relief.