Consumer Protection

Sometimes things will happen in life, and a creditor (someone you owe money) will obtain a judgment in court for a dollar amount against you. The creditor will then record the judgment in the county where you reside. If you own real estate in that county, the judgment will attach to the property, and will make it difficult for you to sell that real estate…

Ayala is proud to announce that it has obtained a $25,000 settlement in an unlawful towing case. In the case Ayala’s client claimed that he parked his vehicle in the property where he was a legal resident under a residential lease. While Ayala’s client (the Plaintiff) was unloading groceries—in a matter of a few minutes—the towing company defendant towed the Plaintiff’s vehicle. The Plaintiff alleged…

There’s a common scam being perpetrated in South Florida by certain car dealerships. It happens usually in the smaller, not brand recognized dealerships. The pattern goes as follows: You arrive at a dealer to purchase a used vehicle. The dealer requires a deposit of around 4 to 5 thousand dollars and promises you that it will find you one of its financiers. They run your…

Ayala defeats the defendants’ second attempt to completely dismiss its client’s case. Ayala’s client (the Plaintiff) is a law abiding citizen who leases at an apartment complex owned by the defendants. On the day of the tow, Ayala’s client had borrowed a friend’s truck and parked it legally in a residential spot at the premises without obstructing the road or any other vehicle at the…

The Fair Debt Collection Practices Act (FDCPA) is a federal law that was passed in 1977 with the purpose of eliminating abusive debt collection practices by debt collectors. Under this law, debtors can bring civil lawsuits against debt collectors who intentionally engage in any of the prohibited practices. The prohibited practices include lying, harassment, or abuse. For example, lies prohibited by the FDCPA include misrepresenting…

By: Orestes Garcia The Florida Consumer Collection Practices Act (FCCPA) is the Florida version of the Federal Debt Collection Practices Act (FDCPA) addressed in our prior blog entry. The FCCPA does contradict anything in the FDCPA but supplements it. It adds more requirements and limitations on debt collectors. The majority of the additions in the Florida law relate to specific regulations debt collectors must comply…

Ayala is proud to report that an Orlando Jury has returned a verdict for its client in an illegal towing case. The case stems from the tow of Ayala’s client while she was on vacation in Thailand to visit the ill mother of her husband, also a Plaintiff in the case. The Homeowners Association (HOA), where they were owners of a unit, towed their vehicle…

Purchasing or selling a new property can be stressful on any individual. The multifaceted transaction includes aspect of contract law, real estate law, negotiation skills, and most importantly, human and psychological skills to deal with the many individuals involved in it: realtors, brokers, appraisers, financiers, banks, attorneys, paralegals, inspectors, and surveyors. When purchasing a property, the Real Estate attorney will prepare all the documentation to…