Barry W. Kaufman

Barry W. Kaufman

  • Business Law, Collections, Consumer Law ...
  • Florida, Middle District of Fla
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Claimed Lawyer ProfileQ&A
Practice Areas
Business Law
Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
Collections
Consumer Law
Class Action, Lemon Law
Divorce
Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
Family Law
Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
Additional Practice Areas
  • General Civil
  • Small Claims
Jurisdictions Admitted to Practice
Florida
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Middle District of Fla
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Education
Florida Coastal School of Law
Doctor of Jurisprudence/Juris Doctor
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Professional Associations
Florida State Bar  # 306540
Member
- Current
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Websites & Blogs
Website
Website
Legal Answers
870 Questions Answered
Q. How do I respond to a court summons about an overdue AMEX credit card bill?
A: Contact the law firm that filed the complaint - its contact information is on the complaint. See what you can arrange. I have never represented AMEX but as a very broad rule of thumb, you should expect that they will want a payment plan that does not exceed 36 months. If they want one that's shorter, that's their policy and cannot be questioned. But for your back-of-the-envelope calculations, 36 months should be your max. Good luck.
Q. What are my options for upcoming summary judgment on defaulted credit card debt in Michigan?
A: Contact the law firm that filed the lawsuit and see if you negotiate a payment plan. Add to the principal what you think or can determine are the court costs (assume $500 on the high side), interest if you can ballpark it (from the date of your last CC statement to today at whatever interest rate the card was charging at the time), plus attorneys fees if there is an allegation in the complaint that you are responsible for the plaintiff's attorney's fees. Assume $1,200.00 (if there is no allegation that you owe attorneys fees, it's $0.00).

Add those numbers up and divide that total by 36. As a rule of thumb, 36 months is the longest you should assume that they will let you pay. That number is either more than you can afford or it isn't. If you can't afford that, divide the total by 48. That's your longshot. If you can afford 36 months, divide the total by 24 and run the same test. If yo can afford a 24 month plan, that's the sweet spot. That does not mean that they will accept it, but 24 months is a good faith offer in my opinion. Let them make the first offer if you can get them to do it. If not, start at the 48 month number and work to 24.

Whatever numbers you come up with as a result of this post are an estimate. Get the rock hard numbers from them first. This exercise just gets you in the ballpark so you have a plan. It won't get you across home plate.
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Q. Can we fight wage garnishment on old debt in California given severe financial impact?
A: Garnishment is the gross pay less mandatory deductions, like federal and state taxes, Medicare, etc. Everything else is disposable income. Garnishments are creatures of statute, meaning that judges have zero discretion. There is no appealing a garnishment ruling because it causes financial hardship. That, as the young people say, is not a thing. Your son (not you - there is no "we" in this, only "he") has a couple of options, none of which he will like hearing: Expand the income stream; reduce the expense stream; or seek a bankruptcy attorney's advice on whether bankruptcy makes sense for him and his family.
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Contact & Map
11250 Old St Augustine Rd
Suite 15116
Jacksonville, FL 32257
US
Telephone: (904) 348-5669
Telephone: (904) 348-5669
Fax: (904) 677-7891