Get Free Answers From Experienced Lawyers!
Have a Legal Question?
Lawyers, increase your visibility by answering questions and getting points.
Answer Questions
Questions Answered by Maite L. Diaz
Q: Is it legal for the HOA to block my account access due to unpaid assessments?
I live in a community with an HOA that issued a special assessment of $15,000 about 2 1/2 years ago. I have been unable to pay the full amount and currently still owe half of that. Recently, I received a notice stating my account was turned over to an attorney, but I haven't been contacted by... View More 
Maite L. Diaz
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 6, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 6, 2025
Yes, it is legal for an HOA to turn your account over for collections if you are in default. When that takes place, the property management company typically avoids speaking to you directly and refers you to the attorney handling the matter. It may be possible to work out a payment arrangement... View More
Q: HOA fee increase and missed payments in Florida condo
My dad owns a condo in a 55+ community in Florida where the HOA fees have increased from around $400 to $900. Due to financial hardship, he has missed four payments. The building manager recently called me, but no formal notices have been sent yet. What steps should be taken to address this... View More
Maite L. Diaz
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 6, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 6, 2025
If your father is behind on HOA (Homeowners Association) fees for his condo in a 55+ community in Florida, it's very important to act quickly to avoid serious consequences. Even though the building manager has only called you informally so far, Florida law allows HOAs to file a lien against... View More
Q: Vehicle fully paid off, re-added to credit report without documentation. Formal demand letters met with threats. What can I do?
In February, I had a contract agreement with a company related to a vehicle, which was paid off and removed from my credit report as closed. In April, the company re-added it to my credit report, claiming a reversal of payment, without providing documentation for the reversal or details of the loan... View More
Maite L. Diaz
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 30, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 30, 2025
You’re describing a troubling situation. If a company is re-reporting a paid-off vehicle loan without providing proper documentation and is threatening you for payment you don’t owe, it may be violating several federal and state laws.
First, under the Fair Credit Reporting Act (FCRA),... View More
3 Answers
| Asked
in
Real Estate Law, Estate Planning, Medical Malpractice and Personal Injury
for
Florida
on
Q: Can medical creditors collect from the sale of homestead in Florida for spouse's medical debts?
I own my home in Florida as a tenant by entirety with my husband, and it is our primary residence with homestead protection. My husband is very sick and will incur large medical bills in the future. Given that our finances and bank accounts are separate, can medical creditors collect from the sale... View More
Maite L. Diaz
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 30, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 30, 2025
Under Florida law, your homestead property is generally protected from forced sale by creditors. This protection typically extends to debts of a deceased spouse as well, especially when the property is owned as tenants by the entirety (TBE). TBE ownership not only shields the property from... View More
Q: Can I have a bank account during Chapter 7 bankruptcy filing in Florida?
I'm planning to file for Chapter 7 bankruptcy in Florida. Before filing, I want to know if I can maintain a bank account during the bankruptcy process.
Maite L. Diaz
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 27, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 27, 2025
You can and should maintain you bank accounts open during the bankruptcy process. There is nothing in the bankruptcy code that prohibits you from having and using bank accounts as you normally would. When you file for bankruptcy, the Trustee will request you/your attorney send copies of your bank... View More
Q: Can Chapter 7 bankruptcy in Michigan take my car valued at $2,000?
If I file for Chapter 7 bankruptcy in Michigan and have no income or possessions valued over $800, except for my paid-off 2012 Ford Fusion with a Blue Book value of $2,000, which is essential for transportation, can they take my car?
Maite L. Diaz
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 27, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 27, 2025
Short answer: In most cases, no, they likely wouldn’t take your car in this scenario.
Why? Because of exemptions. In Michigan, you can protect certain property from being taken by the bankruptcy trustee (that’s called “exempting” the property). Here’s how it would work for your... View More
Q: What are the legal risks of requesting Max GradPlus loans with a good salary?
I earn a good salary and am considering continuing to request the maximum GradPlus loans. What are the legal risks or consequences I might face by doing this, if any?
Maite L. Diaz
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 27, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 27, 2025
There’s no explicit legal risk in simply requesting and receiving the maximum GradPLUS loans, regardless of your salary. The GradPLUS loan program doesn’t have an income-based eligibility restriction, so as long as you meet the credit requirements and the school certifies your need, you can... View More
Q: Expectations when using CashApp Afterpay during Chapter 13 bankruptcy.
I've been under Chapter 13 bankruptcy for a year, with more than half of the payments completed. I inadvertently used CashApp Afterpay during this time but have now ceased its use. My trustee has not contacted me regarding this, and my Chapter 13 payments are being consistently deducted from... View More
Maite L. Diaz
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 27, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 27, 2025
You are requied to obtain court approval every time you incur a new credit obligation during the term of the plan. I would recommend you reach out to your Chapter 13 Attorney and follow their advice on how to proceed.
Q: How can I ensure my vehicle is removed after Chapter 7 surrender?
I filed for Chapter 7 bankruptcy and opted to surrender my vehicle to the lienholder. I sent a demand letter on March 20, 2025, requesting the removal of the vehicle, but I have received no response or action from the lienholder. There are no specific terms related to surrendering the vehicle in my... View More
Maite L. Diaz
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 27, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 27, 2025
The most practical solution is to call the lender and ask them to either come pick up the vehicle or where to take it. Most of the time, they will ask you to drive it to a local car dealership and hand over the keys to someone there. You might also want to reach out to the attorney for the lender... View More
Q: Am I responsible for utility bills after selling my house?
I sold my house in Florida on April 4, but I only managed to contact the city to stop utility services (water, trash, sewer) on April 14. I received a final bill covering April 4-14. Although there was no agreement regarding utilities in my "land value only" contract of sale, the city... View More
Maite L. Diaz
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 27, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 27, 2025
While you are responsible for closing out the account with the city and likely for this debt, you might want to check with your closing agent to determine if any funds were withheld at closing to settle any final utility bills.
Q: How to file Pro Se bankruptcy for S Corp with $104,000 judgment in CA?
I am seeking guidance on filing Pro Se business bankruptcy for my S Corporation, which is facing a judgment debt of $104,000 in California. I have attempted to settle this debt, but the negotiations failed. I am considering filing in either Los Angeles or Orange County. Could you advise on how to... View More
Maite L. Diaz
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 27, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 27, 2025
Most bankruptcy attorneys offer flexible payment plans and sometimes even free consultations. I would call attorneys in your area for personalized advice. If after talking to them you realized you cannot afford representation, I recommend contacting your local legal aid office or state bar... View More
Q: How can I resolve deed discrepancies and transfer property after inheriting from deceased relatives in Florida?
My aunt passed away in 2018, and my mother, who passed away in 2022, was supposed to be the owner of a house originally dated to her by my aunt. However, there were discrepancies in the deed missing the lot numbers, which caused the property to revert back to my aunt’s name. The deed from my... View More
Maite L. Diaz
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 29, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 29, 2025
If the deeds were defective and are not being recognized by the governmental authority you will probably need to open a probate estate for your aunt and maybe your mother as well to correct these issues. I suggest consulting a probate attorney.
Q: How can I retrieve my security deposit if the apartment's past management has no record of it?
I rented an apartment in The Villages, FL, and during my lease, I paid a $1,000 security deposit, noted in the lease agreement, to be held at Citizens First Bank. After moving out, the current management claimed they have no record of this deposit, stating it was under past ownership. They are... View More
Maite L. Diaz
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 29, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 29, 2025
Have you tried contacting the bank where the deposit was drawn for a copy of the cancelled check? They may be able to help you even if the account is now closed.
Q: Considering bankruptcy due to debt, unemployed, never filed before, guidance needed
I'm considering filing for bankruptcy due to credit card debt, as I'm currently unemployed and unable to make payments. I've never filed for bankruptcy before. I'm receiving phone calls and text messages from creditors. What steps do I need to take to begin the bankruptcy... View More
Maite L. Diaz
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 27, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 27, 2025
Call an attorney for a consultation, they will be able to explain the process to you and tell you about any pros and cons specific to your situation.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
