Served in a lawsuit by Dyck O’Neal Inc.?

Dyck O’Neal Inc. served me in a lawsuit, what does this mean?

If you have been served in a lawsuit recently by Dyck O’neal Inc., or have current pending litigation with Dyck O’Neal, you are not alone. They are a debt collection company – they have purchased rights to old deficiencies from the bank that previously foreclosed on you and it is trying to collect whatever it can on this amount. This company has served thousands of Floridians and are seeking judgments against them. Many consumers are facing upcoming trial dates and summary judgment dates and are faced with having uncertain counsel as to how to best defend these actions as well. If you are facing a deficiency judgment lawsuit or motion by Dyck O’Neal, Inc., having an attorney that knows how to defend against a deficiency lawsuit is paramount to mitigating your damages or having a strong defense.

What is a deficiency judgment

A deficiency judgment is best put in perspective with a simple math equation – say you have a foreclosure judgment entered against you for $100,000.00. Now say that the value of the home that was foreclosed on was $50,000.00. The difference between those two amounts ($50,000.00) is known as a deficiency. The bank, or in this case a new company, can attempt to collect on the deficiency and must obtain a deficiency judgment to do so. These types of judgments are the rule and not the exception. They are very common, and are subject to very limited defenses.

One such defense is the statute of limitations. Basically, for those individuals that have had a judgment entered against them before July of 2013, the banks had five (5) years to seek this deficiency judgment. This was not the case after the statutes were amended to reflect the changes in the 2012-2013 congressional sessions. All of the old bank judgments now only have until July 2014 to seek to enforce the alleged rights to a deficiency judgment. What this means for a lot of Florida residents is simple: the foreclosure nightmare is not over, now the deficiency judgment you thought was forgiven could come back and haunt you. Creditors like Dyck O’neal Inc., can purchase these debts, become a debt collector, report on your credit, file a deficiency lawsuit or motion for deficiency, and now seek judgment against you.

What can I do?

Florida homeowners that had faced foreclosure, and perhaps lost a tough case or simply did not defend their suit, are now in a panic. After being served by Dyck O’neal Inc., it is hard to make an informed decision regarding this matter. Sure, you may now be doing much better than you were at the time of the foreclosure, but this is what Dyck O’Neal Inc., is hoping for. While you can see from my other posts, there are defenses to foreclosure cases, and there are also defenses to deficiency judgments, but to put it succinctly fighting a deficiency in court adds to the amount the bank or Dyck Oneal, Inc. will seek against you. If they do get a deficiency judgment, they will then try to garnish your wages or attach liens against your personal property. It is important that you understand that a settlement, and not a final judgment, may be in your best interest to avoid these outcomes.

What if you are in ongoing litigation

Over the years, one sad part of these lawsuits that I have seen are the weak pleadings and weak defenses being offered against Dyck O’Neal and their attorney. While I speak highly of settlement – for those doing well – making Dyck O’Neal prove its case and meet their burden is extremely important. Like I tell my clients – when I take a case, I am trying to win. This means knowing what defenses, documents, and data may best help their case and in some rare occasions, may end in a good day.

If you have counsel in ongoing litigation – it’s important that they have defended a case against Dyck O’neal. Case law is coming out each week that dramatically effects what defenses may prevail and which ones may not. Knowing these are a key to court room success. If you are facing a Dyck O’Neal trial or a motion for deficiency judgment and are uncomfortable with your attorney or don’t hear back – it may be time to find counsel you are comfortable with.

How can an attorney help?

An attorney can help dramatically in a settlement negotiation and at trial. Not only does it give your side more strength in a negotiation, it also shows that if pressed you are not afraid to have a judge rule on your case. If you have recently been served by Dyck O’Neal, and would like to know your options, please contact my office at 813.502.6768 or email me to set up a consultation.

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Bryant H. Dunivan Jr., Esq.

Attorney at Law Offices of Michael J. Owen, PLLC
Attorney Bryant Dunivan is a foreclosure, real estate, and consumer protection attorney who focuses his efforts on making his clients feel like people and not just a file. Just Served? I offer a free consultation. Contact me today.

Attorney Bryant Dunivan is a foreclosure, real estate, and consumer protection attorney who focuses his efforts on making his clients feel like people and not just a file. Just Served? I offer a free consultation. Contact me today.

Posted in Deficiency Judgment, Dyck O'neal Inc, Foreclosure Defense, Post Judgment Collection Tagged with:
8 comments on “Served in a lawsuit by Dyck O’Neal Inc.?
  1. D.Karakostas says:

    I live in ny but had a investment property in Florida that went into foreclosed in 2009 and sold at auction Jan 2010. I just received a notice of debt by dyke oneil. If I settle on a amount will I get a cancellation of debt 1099?. The property was worthless because the builder of the development was convicted of fraud and stole everyones money. Debt was 214,000 sold for 5,000 dyke oneil attempting to collect 209,000.

    • Bryant H. Dunivan Jr., Esq. says:

      Thank you for taking the time to reach out to me.

      I’d like to discuss this matter over the phone, and off of a public forum. Please call my office to schedule an appointment.

      -Bryant

    • JJ says:

      Hello D.Karakostas – It looks like there are at least 100 deficiency suits filed by Dyck in Lee County, FL. I just got served today. It would be great to try to connect with others in the same situation. Ideally a local lawyer can be found that has actual experience defending/negotiating against Dyck. Good luck, JJ

      • Bryant H. Dunivan Jr., Esq. says:

        JJ

        Dyck may be very willing to reach settlements in all their cases. But there are defenses within the lawsuit that may increase your position with them towards a settlement. It is important to use the law to facilitate settlements where possible.

        If you would like to speak to an attorney about your options, please feel free to call my office.

  2. MM says:

    I received a collection letter yesterday via certified mail. The property in question went into foreclosure in 2009. It was purchased by my ex-wife and I. Why am I getting a collection letter and not her?

  3. Tammy says:

    I made some real estate investment o
    In Florida and they went into foreclosure . The houses were worth far less than the purchase price. Now Dyke Oneal has served me with lawsuits to collect the deficiencies . I live in New Jersey . How will it affect me living in another state than where the property were. What do I do.

    • Bryant H. Dunivan Jr., Esq. says:

      There are a few different options with the Dyck Oneal lawsuits, especially given the fact that you live out of the state of Florida. Unfortunately, they are all very fact specific.

      Please call my office or email me to set up a time to speak regarding this matter.

  4. I THINK YOU GUYS CAME FROM HEAVEN...... says:

    For 1 1/2 years Mr. Robert Eddy out of Tampa has been beating me with a large stick. I am on my own…..no family…my mother just passed and these guys already have judgments and every thing you can think of against the homestead.
    I have no money but I did try John Gardner.big disappointment in fact he worked with Eddy at one time.I have 10 CASES against me and they just bounce off each one…Have two mortgages one for 147,000 one for 85,000 but I can’t do one thing with them. The garnishment on our money including my mothers at the start..(88,000.00) hurt!..Can we talk and try to come up with some sort of payment plan…You can have half of what you collect…in fact I have a proof of colosuion between attorneys and one of the mortgages included a promissory note that agrees to pay any legal fees.

    PLEASE GIVE ME A CALL. The hole I am in is so deep I can not even see daylight.

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Attorney Bryant Dunivan's offices are centrally located in Tampa, FL and Valrico, FL. From these locations, Mr. Dunivan represents clients facing Foreclosure, Chapter 7 and 13 Bankruptcy, Consumer Protection, and Real Estate Law. Mr. Dunivan represents clients throughout the state of Florida.


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Tampa, FL Office
615 W. De Leon St.
Tampa, FL 33606


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A consultation with me or my firm may result in seeking relief under Title 11 of the US Code (Bankruptcy). We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

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