Maite L. Diaz

Born and Raised in South Florida, Attorney Maite L. Diaz has been helping South Floridians regain financial stability via fresh start Chapter 7 and Chapter 13 reorganization bankruptcies for over 18 years. Our services have helped clients to save their homes from foreclosure, prevent repossessions, stop wage garnishments and harassing creditor calls. Our personalized one to one service can help you find the path back to success by helping you deal with your bad debt. We take pride in listening to our clients' needs and treating them with respect. Call today to schedule your free initial bankruptcy consultation. Hablamos Español.

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Florida

Since 2006

Florida International University College of Law

J.D. | Law

2003 - 2006

Florida International University

B.S. | Social Studies Education

1996 - 2000

Florida State Bar  # 25880

Member

2006 - Current

Q. Vehicle fully paid off, re-added to credit report without documentation. Formal demand letters met with threats. What can I do?

May 30, 2025

A: 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), you have the right to dispute inaccurate information on your credit report. If the company continues to report inaccurate information after your disputes, you may have grounds for a claim against them.

Second, if their communications are threatening or harassing, they could be violating the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using unfair, deceptive, or abusive practices.

Here’s what you should do:

Document Everything: Keep copies of all correspondence, credit reports, and any threatening communications.

File Disputes with the Credit Bureaus: Submit a written dispute to each bureau (Equifax, Experian, TransUnion), attaching proof the loan was paid off.

File a Complaint: Consider filing a complaint with the Consumer Financial Protection Bureau (CFPB) and your state’s attorney general’s office.

Consult an Attorney: Consider speaking with a consumer protection attorney. Many offer free consultations and can help you enforce your rights under the FCRA and FDCPA.

You have rights under federal and state law, and you don’t have to tolerate this kind of harassment. Let me know if you’d like resources or sample dispute letters to get you started. ... Read More

Q. Can medical creditors collect from the sale of homestead in Florida for spouse's medical debts?

May 30, 2025

A: 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 creditors of one spouse, but also ensures that upon the death of one spouse, the surviving spouse receives full ownership of the property.

In your situation, because you own your homestead as TBE and it’s your primary residence, medical creditors of your husband generally cannot force the sale of the homestead to satisfy those debts after his passing. However, there are exceptions to this protection, such as for debts like property taxes, mortgages, or certain governmental liens.

Assuming no exceptions apply, you should be able to sell the homestead property in the future without the proceeds being subject to your husband’s medical debts. I strongly recommend consulting with a Florida attorney to review the specific facts of your situation and confirm that no exceptions or other complicating factors apply to your case. ... Read More

Q. How can I retrieve my security deposit if the apartment's past management has no record of it?

May 29, 2025

A: 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.