Florida Debtor And Creditor Legal Questions

Essentially nothing. Thats the deal your husband negotiated during the divorce and thats the deal he has. Short of bankruptcy discharging the mortgage, the ex wife is esentially paying the husbands debt on the mortgage. If she misses a payment, he will have to pay it or risk the default. He may want to hire a TX family law lawyer or a Florida bankrtupcy lawyer to discuss the details. ... Read More

No one can possibly provide an accurate answer to such a question. If you are being sued, that is the time to retain a lawyer no questions asked. Short of that, if you dont know how to properly respond to a lawsuit, thats the first sign that you are not equiped to represent yourself in court and need to retain a lawyer and ifyou cant or simply wont do so, then find some other means of resolving the dispute. ... Read More

You actually have a few issues.  1. You are not personally liable for your spouse's pre-marital debts.  But I would make sure that any joint bank account you have is opened AFTER you were married, and it should be listed as "Tenants by the Entireties."  Only put money in that account that has been earned after the marriage. If the account was opened before you were married, close it and open a new one. Any of your pre-marital money or other assets should be kept in your name only.2. When garnishing wages, one of the main exemptions is whether the judgment debtor is a "head of family."  A single person can be "head of family" if he or she pays more than 50% of the support for a child or other dependant. (See Fla. Stat. §222.11)  A "head of family" is not defined for a married couple, but based upon case law, the head of family is the primary decision maker for the family.  Common sense would suggest that the spouse who earns the highest income should be "head of family," but that is not what the law says.  So if your spouse is the primary "decision maker" for the family, she can be considered the "head of family."3. You may have grounds to refuse to provide the information on your salary -- just because the attorney asks for it, that does not mean that the attorney is entitled to it.  It depends upon a lot of circumstances.  You could try to object to providing the information, and see what happens, but there's a small chance that the Court could require you to provide the information.4. If you file joint tax returns, then her student loan debt CAN most likely take your tax refund.  If you file separately, only her tax refund can be taken -- but there may be other tax issues.... Read More

The first question is whether the creditor obtained a judgment, and what names are on the judgment.  In some cases, a bank can "cross collateralize" a credit card debt or loan with a bank account in that same bank, so the bank does not need a judgment.  Banks can sometimes simply take funds in a bank account in the same bank if a loan or credit card was not paid.  If this is your situation, move your money to a new bank.If the credit card company obtained a judgment, then your name needs to be on the judgment before it can garnish (not levy) your bank account.  If your name is not on the judgment, then the judgment holder should not be able to garnish your individual account.If the judgment holder only has a judgment against your wife, and it garnished a joint bank account, you may be able to defend that garnishment if the account is a "tenants by the entireties" account -- If it is a joint account started AFTER you were married and meets some other factors -- but you must assert the defense or it is waived.  Even if it was an account started before you were married, then you may be able to claim that the judgment creditor is entitled to only half of the account.... Read More

Do you REALLY think that a repo agent is silly enough to tell you the "repo time?" They would never repo a single car. They should not be charging you for return of the personal items though they may be able to charge an inventory fee and possibly storage fees if you have not retrieved the items. Bottom line is, while your concerns about ID have merit, you obviously werent concerned enough about this to not keep your fincancial records in your car, let alone one that is subject to repo. You may need to retain a lawyer to address the repo companies compliance with the repo statute, BUT, this may cost you more than the personal items at issue.... Read More

First, if the debt is yours alone, the Creditor has no right to collect against assets owned by your husband.  The Creditor also has no right to collect against assets owned by you and your husband as "tenants by the entireties."  This usually means anything acquired after the two of you were married.Second, Social Security Disability is exempt from the claims of creditors even if it was yours. Third, if you have a job while your husband is disabled, then you may be a "head of family" under Fla. Stat. 222.11.  This would mean that YOUR wages are exempt from garnishment, as well.  However, please note that you generally have to assert these exemptions -- if you don't, the creditor can ignore the exemptions.... Read More

Of course, the first obvious response is not to marry a guy with that much baggage.  And that sounds like a LOT of baggage.  But you did not come here wanting that kind of advice.If you marry him, you are NOT personally liable for his child support or any of his personal debts -- there may be some odd exceptions, but I haven't seen any from what you said.  His income might be garnished for child support, so you had better plan for that.  If you file a joint tax return, then you are liable for any taxes owed or penalties for that year, but not previous years before you were married.  I'm not sure if the IRS will be able to grab any refund you might get anyway, so it may be a good idea to file separately.Married people have a unique form of property ownership under Florida Law called "Tenancy by the Entireties."  This can apply to real property (land) or personal property (anything else).  If you start a joint bank account as a "Tenancy by the Entireties" account (ask for it by name at the bank) after marriage and only put money earned after the marriage into that account, creditors of him alone do not have a legal right to go after money held in a bank account as "tenants by the entireties."  However, if he gives you any money that he owned before the marriage, then the creditor can go after that money as a "fraudulent transfer."The same rules apply to personal property (stuff) that he owned prior to the marriage versus personal property that you acquire during the term of the marriage (even wedding gifts).  Anything that was yours before the marriage continues to be yours unless you "give" it to both of you after the marriage, at which time it becomes Tenancy by the Entireties property.  If he "gives" solo property to make it joint property, then that gift of an undivided half could be a fraudulent transfer.A pre-nup would help define things that are yours alone, his alone (which could be claimed by creditors) versus joint property, but it probably is not needed unless there is a lot of money or property involved.In general, stuff in your name alone should probably stay that way, such as your car or home.  If he has a car or other personal property from before the marriage, do not transfer it into joint names.  If you buy a car after marriage and don't trade in his car for it, then you can put it in joint names or just your name.  (Frankly, with those kinds of money problems, I doubt he'll be able to buy a car in his name anyway.)... Read More

The response to this question is slightly complex.  (1) the protection against wage garnishment in Fla. Stat. Sec. 222.11 only applies to the wages of a person who is a "head of family," and only applies if the person asserts the "head of family" exemption in court.  If a creditor has a judgment, the creditor can obtain a continuing writ of garnishment even if you claim that you are head of family, because before the exemption applies, you have to claim the exemption after your wages are garnished.  Usually a creditor will not try to garnish wages if the creditor knows that you are head of family, but some creditors will go ahead and garnish anyway, hoping that you don't know to assert the exemption or that you are too afraid of the court system or whatever -- if you do not file the paperwork claiming the exemption, you lose it.(2) The "head of family" exemption continues to apply to money in the bank for six months after you were paid.  If you have large savings which exceed your wages, then the protection may not apply.  However, if you are living paycheck-to-paycheck, then the wages continue to be protected while in the bank.  Again, you will have to assert it if your bank account is garnished. (3) If the Creditor garnishes your wages or bank account after the creditor knows that you are a "head of family" and will assert the exemption, an argument could be made that the garnishment is a form of Harassment and thus a violation of the Federal and State Consumer Collection laws.  It may be a good idea to write a letter to the creditor, sent by certified mail, advising the creditor that you are a head of family and you will oppose any attempt to garnish wages or bank accounts under Fla. Stat. 222.11.  If the law firm decides to go ahead and garnish your wages, you should talk to an attorney who handles Consumer Collection harassment cases.... Read More

DO NOT ever give these Payday Loan companies your bank information!!!!  This definitely sounds like a scam.  The threats to have you arrested is a classic scam technique.  Everything you said makes it sound like a scam.If they call again, you need to ask for the following information: (a) the name of the person calling you, (b) the proper name and MAILING ADDRESS for the company (you can even say something like, "Well, I need your mailing address if you expect me to mail you a check . . . ") (c) The company telephone number and fax number, (d) the specific date of the loan, and the amount, and the terms (rate of interest, repayment terms).  Write all of this down.  Then tell them that before you pay anything, you need to check with an attorney since they are threatening Criminal Prosecution.I would suggest that you go speak to an attorney who handles Consumer Collections Harassment cases.  If you have a viable case, he or she may represent you at no cost to you -- the statutes allow the attorney to recover attorney's fees from the other side.... Read More

When you get a telephone call from a collector, before you talk to them about the debt, get (and write down) the following information. (a) Name of the Collector, (b) Name of the Company he or she works for, (c) the mailing address for the company, (d) confirm the telephone number, and get a fax number if possible, (e) the name of the original creditor and the ORIGINAL amount of the debt, and the date that the debt became due, (f) the date and time of this phone call.  If they are reluctant to give that information, say you won't talk to them until you get that information.  Take your time, do it carefully and don't let them intimidate you -- remember, they want something from you so they need to cooperate.When your mother talks to them, have her get the same information, but properly they should not give it to her.If you have paid these debts off, do not pay any more.  If they claim you didn't pay the debt, ask them to send you, in writing, a full accounting of the account.  Then you need to send them a letter, certified mail is best but not essential.  Keep a copy of the letter for your own records.  Tell the debt collector that you have paid this debt, you do not want to be contacted any more or you will consider it harassment.You will have to give the letter a few days to get there, but if you keep getting phone calls after they got your letter, then MAKE SURE YOU GET THE INFORMATION ABOVE FOR EVERY PHONE CALL, and go talk to an attorney who handles Debt Collector Harassment cases.  You may be able to recover up to $1,000 in statutory damages, plus any actual damages you have suffered.  The attorney's fees are paid by the other side in these kinds of cases.... Read More

You may want to call your local Legal Aid office, as you may be able to get an attorney for free.  If not, then, you have several options.  You can ignore it, and you will get a judgment entered against you.  From what you have said, you sound as though you are most likely "judgment proof."  You MUST respond to court orders and legal documents demanding financial information or requiring you to appear for a deposition, but the creditor probably cannot force you to pay.You could (and I suggest you do) send in a document to the clerk of the court.  The top of the page should look like the top of the other legal papers, with the "style" of the case -- most important are the names of the parties and the case number.  Explain whether you agree or disagree that you owe the debt -- and whether you admit the AMOUNT of the debt.  If you challenge either whether you owe anything (liablility) or amount (damages), you will have the opportunity to defend against the claims of the creditor.  In many cases, if you simply deny the debt, the creditor may not have all the paperwork needed to prove the debt, and the creditor might lose the case. You should send a copy of the document to the attorney.  You can explain in a separate document sent to the attorney what your financial situation is, but the creditor will most likely still want to get a judgment anyway.... Read More