Page not found – Law Office of Alberto H. Hernandez P.A https://ahernandezlaw.com ...NOT a WordPress site! Tue, 01 Aug 2023 18:36:39 +0000 en-US hourly 1 Received a lawsuit from PORTFOLIO RECOVERY ASSOCIATES LLC? Here’s what to do. https://ahernandezlaw.com/received-a-lawsuit-from-portfolio-recovery-associates-llc-heres-what-to-do/ https://ahernandezlaw.com/received-a-lawsuit-from-portfolio-recovery-associates-llc-heres-what-to-do/#respond Tue, 01 Aug 2023 18:36:38 +0000 https://ahernandezlaw.com/?p=657 ACTION BY CREDITOR: SEND YOU A LETTER

Did you receive a letter threatening to sue from PORTFOLIO RECOVERY ASSOCIATES LLC (PRA)? Or worse -did you get served with a lawsuit already? You have a limited amount of time to take action. The Law Office of Alberto H. Hernandez can help you resolve this debt!

PORTFOLIO RECOVERY ASSOCIATES LLC is a debt collector who purchases unpaid debt from other companies. If you receive a letter from PORTFOLIO RECOVERY ASSOCIATES LLC, it is because they purchased a debt that you had with another creditor (a credit card, a cell phone company, etc.,) and they are now attempting to collect on that debt.

ACTION BY CREDITOR: SUE YOU AND TRY TO COLLECT

Your original debt is usually sold without any notice to you to these third-party debt collectors like PORTFOLIO RECOVERY ASSOCIATES LLC after you have spent 6 months (180 days) without paying.  Once PORTFOLIO RECOVERY ASSOCIATES LLC has purchased your debt, you no longer owe your original creditor the money and now have a debt with the third-party debt collector. MPORTFOLIO RECOVERY ASSOCIATES LLC can perform all of the actions as your original creditor and report negative information on your credit report, send collection letters, make collection phone calls, etc.

PORTFOLIO RECOVERY ASSOCIATES LLC has the right to sue you for the full balance (plus additional interest) owed to your original creditor. Once a lawsuit has been filed against you by MPORTFOLIO RECOVERY ASSOCIATES LLC , there is a limited window of opportunity to resolve the debt. If a judgment is entered against you by PORTFOLIO RECOVERY ASSOCIATES LLC , that judgment is valid for 20 years and they can garnish your wages or bank account at any time to collect on the debt. In the meantime, the judgment continues to collect interest every year, so your debt continues to increase if it is not paid.

ACTION BY YOU: CALL OUR OFFICE

So how can you resolve this debt with PORTFOLIO RECOVERY ASSOCIATES LLC ?

The Law Office of Alberto H. Hernandez P.A. can help you explore the options you have available to you! If you can confirm you owe the debt with PORTFOLIO RECOVERY ASSOCIATES LLC ,  a payment plan or settlement may be a good option for you. If you have multiple debts, it may be a good idea to explore filing for Chapter 7 or Chapter 13 bankruptcy.

It is important to keep in mind that if PORTFOLIO RECOVERY ASSOCIATES LLC has initiated a lawsuit against you, we need to act quickly to avoid any additional action by their attorneys or the court, including having a judgment filed against you.

If you are looking for advice on which option is best for you, The Law Office of Alberto H. Hernandez, P.A. offers a free consultation directly with attorney Alberto H. Hernandez, Esq. to discuss your case in greater detail. A consultation is a great first step to understand your rights under the law and help you resolve your debt. Call The Law Office of Alberto H. Hernandez, P.A. today at 305-820-0334 for more assistance!

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Start checking your emails and texts for debt collection messages starting in 2021 https://ahernandezlaw.com/start-checking-your-emails-and-texts-for-debt-collection-messages-starting-in-2021/ https://ahernandezlaw.com/start-checking-your-emails-and-texts-for-debt-collection-messages-starting-in-2021/#respond Thu, 31 Dec 2020 14:48:00 +0000 https://ahernandezlaw.com/?p=641 If you have outstanding debt which is currently in collections, you may see an increase in text messages and emails more often in 2021. The CFPB released an update that debt collectors will be able to use these methods in addition to traditional collection calls to collect on a debt. According to the rule, you are allowed to opt out of receiving these types of alternative communications. However, there is no current way to opt out of traditional collection calls but the rule states that they should be limited to no more than 7 calls a week.

 As a debt collection firm, we know how stressful these collection efforts can become.  With more options for communication available to them starting next year, it may become overwhelming for some. If you are currently receiving excessive collection calls for your debt, setting up an extended payment plan or making a settlement offer  with your creditor may be a good option to explore with your attorney. Another possible solution may be to file for bankruptcy. Attorney Alberto H. Hernandez can help you review your current financial situation and find the best course of action available for you to tackle your debt.

The Law Office of Alberto H. Hernandez offers a free consultation to discuss your case in depth directly with the attorney. It is a great time to discuss your options and get ahead of the changes in collection efforts coming in the next few months.  At the Law Office of Alberto H. Hernandez, we work with individuals to resolve their current debt problems and achieve peace of mind free from debt once and for all.

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New Florida Judgment Interest Rate Set to start October 1, 2020 https://ahernandezlaw.com/new-florida-judgment-interest-rate-set-to-start-october-1-2020/ https://ahernandezlaw.com/new-florida-judgment-interest-rate-set-to-start-october-1-2020/#respond Thu, 10 Sep 2020 18:18:07 +0000 https://ahernandezlaw.com/?p=635 When a lawsuit is filed against you by a credit card company or collection agency for a past due debt, there is a limited amount of time to act or a judgment can be filed against you. Once it is filed, the judgment is valid in the state of Florida for 20 years. Judgments may have an interest rate attached to them which is for a set amount or variable, depending on the interest rate set by the office of the Chief Financial Officer of Florida. If left without resolving this debt, in time it may double the original amount owed when the lawsuit was filed.

The State of Florida periodically changes the interest rate for judgments on March 1st , June 1st , and September 1st and December 1st  of each year and they are applied for the following 3 months. Beginning October 1, 2020, the interest rate is set to be 5.37% per year or in the alternative,  .000146721 per day. As interest accrues daily, your balance owed also increases.

One way to stop additional interest from accruing and resolving a judgment debt is to enter into a payment plan with the creditor through their attorneys. Our office represents many individuals seeking to resolve these types of cases before the debt becomes unmanageable, or worse, before their wages or bank accounts are garnished.

Another way to resolve a judgment debt is to file a chapter 7 or chapter 13 bankruptcy. Bankruptcy may help in eliminating the responsibility to pay back this debt. If you have other debts, even if they have not been sent to court or collections, these debts may be discharged as well.

For more information or to discuss your options, the Law Office of Alberto H. Hernandez, P.A. is here to help. We are a debt relief firm providing guidance and assistance to those individuals looking to resolve these types of issues. Call our office at 305-820-0334 for more information or to schedule your free consultation today!

Source: https://www.floridabar.org/the-florida-bar-news/judgments-and-decrees-interest-rate-set-32

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Received a lawsuit from MIDLAND CREDIT MANAGEMENT LLC? Here’s what to do. https://ahernandezlaw.com/received-a-lawsuit-from-midland-credit-management-llc-heres-what-to-do/ https://ahernandezlaw.com/received-a-lawsuit-from-midland-credit-management-llc-heres-what-to-do/#respond Mon, 10 Aug 2020 15:43:22 +0000 https://ahernandezlaw.com/?p=630 ACTION BY CREDITOR: SEND YOU A LETTER

Did you receive a letter threatening to sue from MIDLAND CREDIT MANAGEMENT LLC (MCM)? Or worse -did you get served with a lawsuit already? You have a limited amount of time to take action. The Law Office of Alberto H. Hernandez can help you resolve this debt!

MIDLAND CREDIT MANAGEMENT LLC is a debt collector who purchases unpaid debt from other companies. If you receive a letter from MIDLAND CREDIT MANAGEMENT LLC, it is because they purchased a debt that you had with another creditor (a credit card, a cell phone company, etc.,) and they are now attempting to collect on that debt.

ACTION BY CREDITOR: SUE YOU AND TRY TO COLLECT

Your original debt is usually sold without any notice to you to these third-party debt collectors like MIDLAND CREDIT MANAGEMENT LLC after you have spent 6 months (180 days) without paying.  Once MIDLAND CREDIT MANAGEMENT LLC has purchased your debt, you no longer owe your original creditor the money and now have a debt with the third-party debt collector. MIDLAND CREDIT MANAGEMENT can perform all of the actions as your original creditor and report negative information on your credit report, send collection letters, make collection phone calls, etc.

MIDLAND CREDIT MANAGEMENT LLC has the right to sue you for the full balance (plus additional interest) owed to your original creditor. Once a lawsuit has been filed against you by MIDLAND CREDIT MANAGEMENT LLC, there is a limited window of opportunity to resolve the debt. If a judgment is entered against you by MIDLAND CREDIT MANAGEMENT LLC, that judgment is valid for 20 years and they can garnish your wages or bank account at any time to collect on the debt. In the meantime, the judgment continues to collect interest every year, so your debt continues to increase if it is not paid.

ACTION BY YOU: CALL OUR OFFICE

So how can you resolve this debt with MIDLAND CREDIT MANAGEMENT LLC?

The Law Office of Alberto H. Hernandez P.A. can help you explore the options you have available to you! If you can confirm you owe the debt with MIDLAND CREDIT MANAGEMENT LLC,  a payment plan or settlement may be a good option for you. If you have multiple debts, it may be a good idea to explore filing for Chapter 7 or Chapter 13 bankruptcy.

It is important to keep in mind that if MIDLAND CREDIT MANAGEMENT LLC has initiated a lawsuit against you, we need to act quickly to avoid any additional action by their attorneys or the court, including having a judgment filed against you.

If you are looking for advice on which option is best for you, The Law Office of Alberto H. Hernandez, P.A. offers a free consultation directly with attorney Alberto H. Hernandez, Esq. to discuss your case in greater detail. A consultation is a great first step to understand your rights under the law and help you resolve your debt. Call The Law Office of Alberto H. Hernandez, P.A. today at 305-820-0334 for more assistance!

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Covid-19 Financial Assistance available for Miami-Dade County Residents https://ahernandezlaw.com/covid-19-financial-assistance-available-for-miami-dade-county-residents/ https://ahernandezlaw.com/covid-19-financial-assistance-available-for-miami-dade-county-residents/#respond Wed, 05 Aug 2020 19:22:19 +0000 https://ahernandezlaw.com/?p=625 Miami Dade County has partnered with the United Way of Miami-Dade and created the Miami-Dade Pandemic Assistance Program to help families affected financially by Covid-19. The county has allocated $20 million from CARES Act relief funds for this program to be distributed to qualifying residents living in Miami-Dade County.

As a law firm focused on debt relief and bankruptcy, we know the financial strain and stress associated with losing your job or a reduction of your salary. The program will be awarding $1,000 – $2,000 per household, subject to eligibility.

To be considered to receive this assistance, you must meet the following criteria:

  1. Be a CURRENT resident of Miami-Dade County;
  2. Have experienced a significant loss of income, become unemployed and/or experienced unexpected expenses as a result of the Covid-19 pandemic.
  3. Apply online and provide any documentation requested to show proof of residency and hardship.

The application period opened today, August 5, 2020 and the applications are online by visiting https://apply.unitedwaymiami.org/submit. The applications are available in English, Spanish and Creole. For more assistance or further information, please call the United Way of Miami Dade at 305-646-7068.

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What happens to my car when I file Bankruptcy? https://ahernandezlaw.com/what-happens-to-my-car-when-i-file-bankruptcy/ https://ahernandezlaw.com/what-happens-to-my-car-when-i-file-bankruptcy/#respond Thu, 09 Jul 2020 19:48:04 +0000 https://ahernandezlaw.com/?p=589 Many people considering bankruptcy ask me whether they will lose their car at the time of filing bankruptcy.  This question is fueled by either misinformation or lack of knowledge.   After all, I am a bankruptcy attorney and I am happy to answer the question once I have more information.  The answer depends on the particular facts of each debtor, how the car is owned, and how much is owed on the car versus what is the value of the car. The bankruptcy trustee and the attorney for the debtor will negotiate the outcome of the cars involved in the bankruptcy filing.

I ask potential bankruptcy debtors what vehicles they own and how they own them:  whether it is fully paid and titled, being financed, or leased.  I also ask what is their intention with the vehicle: to keep or to let it go. 

LEASED VEHICLES: Liability for the payments is eliminated completely if the car is given back. Liability is 100% re-imposed in case the debtor wants to keep it.

If, Surrender the car: include the surrender decision in the bankruptcy schedules and help the debtor coordinate with the bank the surrender date of same.   No reaffirmation agreement necessary.

If, Keep the car: include the decision to keep in the bankruptcy forms and advise the debtor to continue the payments and to have the debtor sign a reaffirmation of the lease debt contract. A reaffirmation agreement is mandatory.

Generally, if a car is leased,  and titled fully or partially in the debtor’s name, the bankruptcy trustee does not have a problem with the debtor keeping the vehicle as long as payments are being made.

The Trustee, more often than not, doesn’t care about the value of the car as it wholly belongs to the finance company or dealership.  The Trustee may have a problem with keeping the car if the car payment seems too high to be afforded by the debtor who is trying to continue paying for it.

FINANCED VEHICLES: Liability for the payments is eliminated completely if the car is given back. Liability is 100% re-imposed in case the debtor wants to keep it.

If, Surrender the car: include the surrender decision in the bankruptcy schedules and help the debtor coordinate with the bank the surrender of same.  No reaffirmation agreement necessary.

If, Keep the car: include the decision to keep in the bankruptcy forms and advise the debtor to continue the payments and to have the debtor sign a reaffirmation of the lease debt contract. A reaffirmation agreement is mandatory.

The Trustee generally will have to consider whether the car has equity and if so, if the debtor is able to protect some or all of the equity in the vehicle.  Depending on what the debtor wants to do with the car, the attorney will include the debtor’s intentions in the schedules and include any exemptions available to the debtor in the bankruptcy schedules.

Specifically, bankruptcy law in Florida allows a $1000.00 exemption for one (1) motor vehicle.  The debtor may use of up to $5000.00 on another general wildcard exemption which is allowed for debtors in Florida.  In short, the bankruptcy trustee will need to figure if the debtor’s car is partially or fully protected at the time of filing bankruptcy with up to $6000 inequity available to the debtor.  The debtor’s attorney will discuss the particulars of each case with the debtor before any case is filed.

TITLED VEHICLES:

If, Surrender the car: include the surrender decision in the bankruptcy schedules and help the debtor coordinate with the Trustee the surrender date of same.   No reaffirmation agreement necessary.

If, Keep the car: include the decision to keep in the bankruptcy forms and advise the debtor whether the car is protected, fully or partially from the trustee and the creditors.  This decision is different on a case-by-case basis. 

The Trustee generally will have to consider whether the car has equity and if so, if the debtor is able to protect some or all of the equity in the vehicle.  Depending on what the debtor wants to do with the car, the attorney will include the debtor’s intentions in the schedules and include any exemptions available to the debtor in the bankruptcy schedules.

Specifically, bankruptcy law in Florida allows a $1000.00 exemption for one (1) motor vehicle.  The debtor may use of up to $5000.00 on another general wildcard exemption which is allowed for debtors in Florida.  In short, the bankruptcy trustee will need to figure if the debtor’s car is partially or fully protected at the time of filing bankruptcy with up to $6000 inequity available to the debtor.  The debtor’s attorney will discuss the particulars of each case with the debtor before any case is filed.

Source: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0222/Sections/0222.25.html

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Can any Florida Attorney File a Bankruptcy Case for me in South Florida? https://ahernandezlaw.com/can-any-florida-attorney-file-a-bankruptcy-case-for-me-in-south-florida/ https://ahernandezlaw.com/can-any-florida-attorney-file-a-bankruptcy-case-for-me-in-south-florida/#respond Wed, 08 Jul 2020 14:55:55 +0000 https://ahernandezlaw.com/?p=586 Any attorney that is licensed in Florida in good standing may attempt to file a bankruptcy case for a client in South Florida.  However, it is important for the consumer to know that the attorney that files bankruptcy cases in Miami, Broward or Palm Beach has court-imposed qualifications to do so. 

According to the Local Rules of the Bankruptcy Court for the Southern District of Florida, an attorney who appears before the bankruptcy court must certify to the court that they possess skills required to practice before the bankruptcy court.  This certification must be included in all papers filed by the attorney.  The minimum skills required include the taking of bankruptcy-related courses approved by the Florida Bar. In other words, the attorney practicing before the bankruptcy court, must be up-to-date on the latest laws and rules associated with the bankruptcy court in order to be able to competently represent the person seeking debt relief in bankruptcy court.  In practice, this requirement means that bankruptcy attorneys must take continuing education courses specific to their practice on a yearly basis and must certify in writing that they have completed those requirements every time they get involved in a case.  All attorneys who practice before the bankruptcy court are supposed to have this knowledge. Before you hire an attorney for bankruptcy, you should make sure that they are able to do so.

Moreover, when a financial problem may require a bankruptcy solution, it is a common sense practice to utilize an attorney  that not only has fulfilled the minimum requirements mandated by the court, but  who also has the requisite knowledge and many years of experience in bankruptcy work to represent the client.  To that end,  consumers  who are seeking bankruptcy counsel should be hesitant to hire general practitioners who moonlight in bankruptcy court and file very few cases on a yearly basis.  Laws and procedures change rapidly and only an attorney that concentrates their work in bankruptcy has current access to the latest changes and nuances of the law.

The consumer must understand that it is not only legal qualifications but specific bankruptcy-related experience and that makes an attorney effective and can best help a consumer in a bankruptcy case. If you would like competent, practical advice on bankruptcy matters related to your personal financial situation, please consult our office for a free consultation.

Resources: flsb.uscourts.gov/local-rules

Local Rules of the Bankruptcy Court for the Southern District of Florida

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Your Job Loss or Furlough is a Practical Reason to File Bankruptcy in Miami and have Debt Relief Today https://ahernandezlaw.com/your-job-loss-or-furlough-is-a-practical-reason-to-file-bankruptcy-in-miami-and-have-debt-relief-today/ https://ahernandezlaw.com/your-job-loss-or-furlough-is-a-practical-reason-to-file-bankruptcy-in-miami-and-have-debt-relief-today/#respond Mon, 06 Jul 2020 19:13:34 +0000 https://ahernandezlaw.com/?p=583 A sudden and terrible financial emergency creates a delicate situation where common people subliminally entertain whether filing bankruptcy is a good option to get under the problem.  Most people who have money reserves or have a job do not usually perceive bankruptcy as a best option since the emergency may be usually withstood with some tightening of spending or perhaps some overtime.  For those with no savings or job, bankruptcy relief under most emergency situations is more attractive instantly.

The looming Covid-19 pandemic has many people thinking proactively as the potential loss of a job, the unknown of having the financial burden of a hospital stay without insurance, and the lack of a possible antidote make the situation almost impossible to gauge as to when things may go back to normal.  For many, job loss and creeping unpaid bills are a harsh reality.

As a bankruptcy attorney interviewing people on a daily basis, it seems that many people are indeed worried, staying at home, saving for the unknown if possible, or are using the little reserves that they may have to continue scraping by.  The subject of this short blog is to provide people with a solid legal reason they may want to file for bankruptcy debt relief today: YOU MAY NOT QUALIFY FOR BANKRUPTCY RELIEF LATER. 

Most bankruptcy lawyers understand that most consumers who solicit them want to file a chapter 7 bankruptcy case where all dischargeable debts are eliminated.   Bankruptcy counsel cannot choose what type of bankruptcy is filed for you.   In any place, in South Florida, Miami-Dade, Miami or Hialeah, the bankruptcy lawyer must qualify a potential bankruptcy filer by considering their income, their reasonable expenses and their corresponding expenditures as a variable of their use of credit.  If you are experiencing job loss, furlough or shortened hours, come to our office to have a free consultation NOW.

We all want you to have a job, and to keep your job, but if you wait to get your job back to file bankruptcy, you may not be able to file a chapter 7 and you may have to file a chapter 13 which is bankruptcy plan which involves payments to the creditors based on your ability to pay.   If you have lost your job and you have bills that you cannot pay, consider your options with a bankruptcy attorney sooner than later. 

Source: justice.gov/ust/means-testing

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How to Find Out if Your Neighbor Has Filed Bankruptcy https://ahernandezlaw.com/how-to-find-out-if-your-neighbor-has-filed-bankruptcy/ https://ahernandezlaw.com/how-to-find-out-if-your-neighbor-has-filed-bankruptcy/#respond Wed, 01 Jul 2020 20:35:46 +0000 https://ahernandezlaw.com/?p=551 As a bankruptcy attorney in Miami one of the most frequent objections to a recommendation of a bankruptcy is that neighbors may find out about the bankruptcy filing.  The general and unsupported historical stigma of bankruptcy carries lots of weight in this day and age where it seems a keystroke of the computer may reveal one’s financial circumstances and it can be spread to the community quickly.

The truth of the matter is that bankruptcy filings can be best discerned easily by looking at someone’s credit report.  However, most people do not have access to someone else’s credit worthiness and neighbors will not willingly give their consent to provide their personal information if asked.   Credit reports then may not be the best way to find out.  The problem is that privacy laws disallow obtaining personal bankruptcy and financial information unless the person or company soliciting it has a permissible purpose under the law.  In other words, there is a commercially reasonable need to know the financial information.   A business relationship qualifies as a permissible purpose and most neighbors may not even have a friendly personal one at that.

So how can the nosy neighbor find out? Well, it seems that there is a tried and true way, which is the public’s right to information to federal bankruptcy documents.  Bankruptcy laws are federal and therefore, the bankruptcy records are retrievable.  It is called the PACER website and it is little known resource for bankruptcy information except to those outside financial institutions, credit worthiness professionals and bankruptcy practitioners.  It is a public access website that provides information about how the federal government electronically records federal court records.

What information is in the PACER docket?  All of the financial information submitted in a bankruptcy filing is accessible unless disallowed by the bankruptcy court.  It s a mobile friendly designed website that at the touch of your mobile phone, I-pad or computer, provides court-specific information. Your neighbor can find out where you work, how much you make, who you owe money to, and if you are behind on your mortgage or car payment. They can also find out what you own and what you rent or lease.

Fortunately, for most worried about their neighbor’s ability to search for a bankruptcy filing, most people do not know about the PACER website.  Those who do, may lose motivation after finding out that one has to register for the website and make payment for every page that is downloaded.  It is a pay website.  Regardless, debt relief is ultimately more important to a person in financial distress than thinking about what a neighbor knows about their personal finances.  The filing of a bankruptcy therefore, should never be based on the likelihood or not that your neighbor knows your financial business.  For those curious neighbors, there is always the PACER website.

Resources:  

pacer.gov

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COVID-19 STATEMENT AND PROTOCOL https://ahernandezlaw.com/covid-19-statement-and-protocol/ https://ahernandezlaw.com/covid-19-statement-and-protocol/#respond Wed, 01 Jul 2020 15:13:30 +0000 https://ahernandezlaw.com/?p=548 At the Law Office of Alberto H. Hernandez, P.A. we are committed to responding to disruptive incidents, like the Covid-19 pandemic.  In order to keep our customers, families and staff safe we continue to monitor the recommendations of the CDC (Center for Disease Control and Prevention) regarding the Coronavirus (COVID-19). 

The following precautions are being taken:

  1. We are cleaning all office doors and counters, our waiting room, front office and conference room, including desks and chairs regularly. Disinfectants and antibacterial are being used throughout the day.
  2. We ask that you call (305) 820-0334 upon arrival to the parking lot. This way we can minimize the number of customers in our waiting room.
  3. We continue to provide and use hand sanitizer at entry to the law office.
  4. Social distancing seating is available and required.
  5. We have removed all reading material and complimentary candy from the waiting room.
  6. If you or a family member have any flu-like symptoms, cough, fever, or respiratory illness, we ask you to reschedule.
  7. If you have travelled internationally within the past 14 days, we ask that you reschedule.
  8. As an option, prior to coming to the office, we will be offering “SKYPE” for video conferencing in lieu of a personal meeting.

Please note, we continue to monitor this situation closely. During these times, some of us at the office may work remotely. Employees who must be onsite are applying social distancing and hygiene protocols. Access by staff and clients is restricted to our staff only and clients following strict protocols. The courts are conducting telephone hearings and we have restricted any unnecessary travel.

As this situation evolves, we will continue to communicate with you regarding any changes to our policies. In the meantime, if you have any questions about our response to Covid-19, please contact our office.

Sincerely,

Alberto H. Hernandez, Esq.

https://www.ahernandezlaw.com

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