The Fair Debt Collection Practices Act (FDCPA) is the principal federal statute that governs the conduct of debt collectors and prohibits many kinds of abusive or deceptive behavior as set forth in the Act. In Florida, the Florida Consumer Collection Practices Act (FCCPA) prohibits much of the same actions. Both the FDCPA and FCCPA permit […]
There are situations where you can be held personally liable even though it is not your intention be responsible. Two circumstances where this often arises in contract situations are when you are representing another as an agent or where you are signing a personal guaranty. If you are an agent or the representative for someone, […]
Currently, my practice focuses primarily in the area of collections, which in Florida, can be broken down into two main steps- they are obtaining Judgment and execution or collecting sums due as a result of the Court having entered Final Judgment. Once final judgment has been entered, there are various methods available for collection of […]
Bankruptcy filings in the Middle District of Florida (Tampa, Ft Myers, Orlando and Jacksonville) increased in 2016 and are on the rise in 2017 after declining for several years due to the improving local and national economy. This means that if someone (a person or company) owes you money then there is an increased chance […]
When the Fair Debt Collection Practice Act (FDCPA), 15 U.S.C 1601, was first enacted, it specifically exempted creditors attempting to collect their own consumer debts. With the enactment of the Consumer Financial Protection Bureau (CFPB), large financial consumer lenders have found that many of the protections afforded consumers by the FDCPA are being applied directly […]
Once a creditor obtains judgment against a debtor and collection efforts begin, there are several options for collection. One of the most effective options for collection of a judgment can be garnishment of wages or bank accounts. Garnishment statutes require strict compliance; all “I”s must be dotted and all “T”s must be crossed. While there […]
Just about every year changes are made to the rules and forms having to do with bankruptcy cases. This year there are extensive changes proposed in regards to the rules and forms having to do with the filing of claims and in regards to Chapter 13 cases generally. The proposed changes will take effect on […]
One of my personal core values has always been to give back to the community in whatever way I can. I am proud to say that the law firm of Wetherington Hamilton, P.A. has the same core value. Whether it be volunteering time for Meals on Wheels, volunteering at The Children’s Home, raising funds for […]
Several years ago while looking for assets owned by a judgment debtor I discovered that he had recently transferred title to his Corvette to his daughter. It is unusual to find such an obvious example of a fraudulent transfer, but it was not difficult to recover the vehicle and apply it to the amount owed […]
The Servicemembers Civil Relief Act (SCRA), formally known as the Soldiers’ and Sailors’ Civil Relief Act, is a federal law affording certain protections to military members in civil actions under 50 U.S.C., and it’s extremely important to consider the protections this law provides and the ramifications it may have on civil actions and proceedings. This […]
Wetherington Hamilton, P.A.
812 W. Dr. MLK Jr., Blvd., Suite 203, Tampa, FL 33603
Phone: (813) 225-1918 • Fax: (813) 225-2531 • Email