What are the legal remedies for debtors?
In Florida, debtors are protected by debt collection laws which limit the actions creditors can take to collect what is owed to them. The most common legal remedy for debtors is called an “injunction”, which is a court order prohibiting a creditor from taking certain actions against a debtor. For example, a creditor might be ordered to stop calling the debtor, or to stop garnishing the debtor’s wages. In some cases, debtors may seek a court order requiring a creditor to forgive the debt. This is called “de-voluntary bankruptcy” and is a more extreme remedy than an injunction. Bankruptcy is a difficult and often lengthy process, so it is important for debtors to be aware of all of their options before making this choice. In addition to legal remedies, debtors can also negotiate with creditors to create a payment plan. This often helps both the creditor and the debtor because it allows the debt to be paid off over time in manageable installments. Debtors should be sure to get anything that is agreed upon in writing to protect their rights. Ultimately, debtors should always seek the advice of a lawyer before taking any legal action. A lawyer can help explain all of the options available and give advice on which course of action is best for the debtor to take.
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