Newsletter
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Spring
2003
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Fisher's
Law Office
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Welcome to the NEWSLETTER
of Fisher’s Law Office, providing you with legal information you can
use in your everyday life. If you have questions about what you read
in this newsletter, please call us today.
1. How Do You Collect A Money
Judgment In Florida?
(a) Florida's laws have changed dramatically regarding final judgments.
Specifically, Chapter 55 states that in order to obtain a lien against
personal property, one should record a "judgment lien certificate"
in Tallahassee. It is no longer necessary to docket a writ of execution
with the sheriff in the county where personal property is located.
(b) It is still necessary under Florida law to record a certified
copy of a final judgment in order for the judgment to act as a lien
against any real property owned by the defendant. Make sure that you
record your judgment in every county where the defendant may have
real property. There are 67 counties in Florida.
(c) Once a judgment is properly registered, one can prepare "instructions
for levy" to give the sheriff in a particular county information
on where the defendant's personal property is located that can be
seized and sold at auction to pay the judgment.
(d) In addition to seizing personal property and real property, judgment
holders can garnish bank accounts owned by defendants. Debtors must
answer questions about their bank accounts and other assets in a post-judgment
proceeding called a "deposition in aid of execution."
(e) Remember, getting a judgment is just the first step in the long
collection process. If you have questions about collecting on a judgment
you have, don't hesitate to seek legal counsel.
2. Here Are Some Ideas For
The New Year To Save You Money And Make Your Life More Fruitful In The
Year 2003:
(a) Read a newspaper at least once a week. Successful people keep
up to date with what is going on by reading the local newspaper. You
should do the same.
(b) Use a computer. A computer is a useful tool for communicating,
storing information and making your life more efficient. People who
use computers and the internet tend to be more efficient and have
higher incomes than those that don't. Never hesitate to ask a friend
for help in using your computer. A computer is an investment that
could pay for itself dozens of times.
(c) If at all possible, get rid of your car payment. The cost for
automobile transportation is often the biggest single item in a family's
budget. Auto costs include taxes, insurance, gasoline, oil, maintenance
and debt payments. Are you driving a newer car and working from paycheck
to paycheck? Consider changing your lifestyle and getting rid of the
new car.
(d) Use the advice of professionals and skilled craftsmen. How many
times have you spent an entire day fixing something when you know
someone that could do the job more efficiently? Always consider using
an expert to assist with complex tasks. Remember, your time is worth
money, treat your time as a valuable asset.
(e) Evaluate your financial situation at least once a year. Sit down
and list all of your assets and liabilities on a single page. Include
your savings, 401(k) plan balances and all debts and credit card balances.
Has your wealth increased in the last year? What changes can you make
to get ahead next year?
(f) Write down everything you spend for the next two months. After
two months, look at your list of expenditures. Decide what things
you are spending money on that you could eliminate to save money for
your children's college, your own retirement or other items.
(g) If you have credit cards, make sure you pay your credit cards
on time. Remember that credit card companies make money from "late
payment" fees. Don't be a credit victim: eliminate late fees
from your life!
(h) If you can't make payments on time, consider filing bankruptcy
to discharge your debts. Remember, Congress is about to change the
bankruptcy law. The new law makes filing for bankruptcy much more
difficult. If your debts are out of control, consider filing now and
changing your lifestyle to live within your means.
3. If You've Decided To File
Bankruptcy, Remember These "do's And Don'ts" Of Bankruptcy.
- ¨ Do consider filing for bankruptcy if you can't pay your debts.
Bankruptcy is allowed under Article I, Section 8 of the United States
Constitution.
- ¨ Do ask an attorney what type of bankruptcy is best for you:
Chapter 7 (full liquidation) or 13 (repayment plan).
- ¨ Do complete all schedules truthfully and completely.
- ¨ Do list all your creditors. If you fail to list a creditor,
the debt may not be forgiven!
- ¨ Do list all property you own no matter how small the item.
- ¨ Don't charge on your credit card for as long as possible before
filing for bankruptcy.
- ¨ Don't charge luxury items on a credit card before filing for
bankruptcy.
- ¨ Don't give property to others to hold for you while you're
in bankruptcy proceedings. Hiding property in bankruptcy is fraud
and could be a criminal offense.
- ¨ Don't run up debts again after your bankruptcy even if people
offer to loan you money (ironically, your credit rating might actually
increase after bankruptcy as you have no debt and can't file another
bankruptcy for six years!)
- ¨ Don't be a "serial filer", someone who files repeatedly
for bankruptcy only to have the case dismissed for failure to file
required documents.
- ¨ Do bring your social security card and driver's license to
your meeting of creditors to show the trustee.
- ¨ Do consider filing for bankruptcy before the law changes making
it much more difficult to file.
- ¨ Do spend the money to see an attorney to determine whether
bankruptcy is right for you. Not everyone who is in debt should file
for bankruptcy.
4. Why Is Florida A Debtor's
Haven?
Florida is the number one place in the United
States to live if you owe money. The reason for this is that unlike
most other states and countries, you can never lose your home to a general
creditor in Florida (see Article X, Section 4, of the Florida Constitution).
A homestead is considered to be one half acre within a city limit or
up to 160 acres outside of a city. In general, the only persons who
can seize your house are the mortgage company and the tax collector.
Also, certain laborers can obtain lien rights to your home. Other than
these three classes of creditors, no one can ever take your house in
Florida.
¨ For example, if you were on Medicaid, a health program for
the poor, your home cannot be seized after your death to pay back
the Medicaid program. Instead, your home goes to your spouse or children
free of the Medicaid lien.
¨ If you have unpaid credit card debt and the credit card company
sues you and obtains a judgment against you, the judgment cannot be
used as a basis for seizing your house.
¨ Remember; never take out a mortgage on your home to pay credit
cards. Consider going bankrupt instead. You'll get to keep your home
and the credit card debt will be forgiven. (However, you'll still
owe on your home mortgage after the bankruptcy.)
¨ Under Florida's Constitution, personal property valued up to
$1,000.00 may not be seized by creditors.
¨ The rights to homestead and personal property inure after the
bankruptcy to your surviving spouse and children. This means that
when you die, your wife and children can take your house without having
to pay your general creditors.
5. Student Loan Red Alert.
Why are college students vulnerable to being
victimized by debt?
Because their student loans (along with child support and alimony)
are not dischargable in bankruptcy. Our office has witnessed an alarming
trend in which former students who haven't yet found a good job are
nevertheless saddled with onerous, non-dischargable debts they can't
pay. Don't be a student victim. Don't take out a student loan if you
can help it. Instead, borrow the money to attend school from another
source!
6. Now Is The Time To Look
Closely At Your Employer Sponsored Pension Plan.
Read your pension summary and plan documents and determine what type
of pension plan you have. If you have a "defined benefit"
plan, you are entitled to receive a set amount of benefits when you
retire no matter what the stock market does. On the other hand, if
you have a "defined contribution" plan, you only receive
the amount of money that has been built up in your plan (a typical
defined contribution plan is a 401(k)). If you have a defined benefit
plan, be careful about your employer's attempts to switch you to a
"cash balance" plan. This move is designed to save employers
by phasing out traditional fixed pension plans but the effect of such
cash balance plans is to short change older workers. Cash balance
plans force older workers to begin saving from scratch regardless
of their length of service. Often, older workers do not have time
to earn sufficient funds to save for retirement. Therefore, always
be cautious of any attempts by your employer to switch you from a
defined benefit plan to a "cash balance" plan.
7. When You Drive A Car, Be
Cautious Of The Following Dangers Lurking On The Roads Of Florida:
(a) The cell phone has become a deadly source of roadway deaths
in America. According the Harvard Center for Risk Analysis, drivers
talking on cell phone are responsible for six percent of all U.S.
auto accidents each year. In 2002, 2,600 people died because of cell
phone use in traffic. In addition, 330,000 people were injured because
of cell phone use while driving.
(b) When you drive, always wear your seatbelt. Failure to wear seatbelts
is a substantial source of injury in automobile accidents. Don't ever
think that accidents happen to the "other guy" as car crashes
can happen to anyone at any time. Putting on a seatbelt is one of
the easiest ways to protect yourself from death or injury in an automobile
crash.
(c) Make sure your child is properly seated in a child's car seat.
(d) Do not drink alcohol and drive. There are over 42,000 people killed
on the highways of the United States every year and alcohol is a contributing
factor in over half of these crashes.
(e) Drive the speed limit. Be aware that you are allowed to speed
in Florida by up to five miles an hour over the speed limit. Florida
Statutes, Section 318.18, states that the civil fine for exceeding
the speed limit by between one and five miles per hour is a "warning".
However, anyone who speeds in a school zone by up to five miles an
hour can be fined up to $50.00. Moral to the story? If you're going
to speed, speed by less than five miles an hour.
8. Identify Theft Update.
The biggest white collar crime of the decade
is identity theft. Here are some identity theft updates you can use
in your everyday life to protect yourself from this crime:
¨ Once a thief obtains your name, social security number and
other information, he can apply for a credit card in your name. To
prevent this, consider getting a copy of your credit report periodically
to verify that you know of all credit card accounts in your name.
¨ If you discover an error on your credit report because of charges
you did not authorize, contact the credit reporting company in writing
and demand that they remove the item from your credit report. Send
copies of police reports and other documentation including correspondence
showing that the person using the credit card is not you.
¨ If the credit reporting agency refuses to delete the item from
your credit report, consider threatening a suit for defamation of
character. (Be aware that it is very difficult to win such a lawsuit
because you must show a financial loss as part of your case.)
¨ If someone has abused your credit so badly, be aware that some
people are using "pseudocide", a kind of legal suicide in
which you are declared "dead" so that you can establish
new credit under a new name.
¨ Here are some hints on protecting yourself:
(a) Never give out personal information over the telephone.
(b) Never respond to e-mails asking for you to re-register. Recently,
E-Bay, an auction site, was the subject of such a fraud in which
someone claiming to be from E-Bay e-mailed E-Bay customers asking
for registration details.
¨ Watch out for the use of your children's credit. Check
your children's credit periodically to make sure your former spouse
is not applying for credit in their name and ruining their credit
before they even reach adulthood.
¨ Watch out for fake internet websites that request credit
card information. These sites are designed to obtain personal
information about you.
¨ Above all, protect the three digit number on the back of
your credit card. This number is the ultimate security number
that no one knows but you and the credit card company. Never ever
give this number out to anyone except a legitimate vendor (the
three digit code is on the signature side of your credit card
in the signature block).
¨ Do not throw away credit card statements. Burn them or shred
them. Do the same for bank statements and other sensitive financial
information.
¨ Be cautious regarding "windows of opportunity".
The opportunities for identity theft include getting married,
breaking up, getting divorced, moving to a new house and changing
jobs. These are times when people are most vulnerable to identity
theft.
¨ Lastly, shred your junk mail. Junk mail often contains sensitive
information. Don't simply throw junk mail away especially if it
is a credit card solicitation. A thief could go into your garbage,
obtain the credit card solicitation and apply for a card in your
name.
FISHER'S
LAW OFFICE, P.A.
FEES FOR SERVICES 2003
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Dissolution of Marriage/Paternity
initial consultation ........ |
$ 100.00
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Uncontested dissolution
of marriage ................................ |
$2,500.00
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Durable Family Power
of Attorney ..................................... |
$ 100.00
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Simple Wills ....................................................................... |
$ 250.00
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Quit Claim Deed
................................................................
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$ 175.00
|
Contested dissolution
of marriage .................................... |
$210.00
an hour plus costs
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General litigation
...............................................................
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$210.00
an hour plus costs
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Personal injury
..................................................................
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percentage
of recovery
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Other services .................................................................. |
Please
call us today (813)
949-2749
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