Debtor And Creditor Legal Questions

I am not sure who you are relative to the estate, or who "we" is.  If there is no will the wife has the first shot at being administrator.  By law, debts must be paid before distribution, so any of the money can pay the debt.  If you are the creditor, you can form the estate, if no one else will do it, for the purpose of collecting the claim.  The wife does not inherit the debt personally, but is obligated to pay it before taking estate property that could cover the debt.... Read More

Generally speaking, the money in the accounts should be completely protected. Your husband, however, will most like have to file an objection and claim of exemption to the accounts. Then he will need to set a hearing in order to prevent the money from being taken or to return the monies that were taken. If you need general information about the process, most clerk of court's websites have information about garnishments. They also provide forms and notices for the hearings. If you get served with a garnishment and you can't find what you are looking for, contact an attorney to help you. A detailed review of the pleadings you receive will be the best starting place. ... Read More

Although I don't claim to be a maritime law specialist or even practice in that area, 46 USCS § 31342 provides that (a)  Except as provided in subsection (b) of this section, a person providing necessaries to a vessel on the order of the owner or a person authorized by the owner-- (1)  has a maritime lien on the vessel; (2)  may bring a civil action in rem to enforce the lien; and (3)  is not required to allege or prove in the action that credit was given to the vessel. (b)  This section does not apply to a public vessel This usually means that the repair shop has priority over the holder of the promissory note on the boat especially if the holder of the promissory has not recorded a UCC 1. ... Read More

If you signed papers as an adult, you are responsibile for what you signed. As scuh, if you agreed to be responible for the debt, and your parents stiffed the LL, well......you get held responsible too. There is no way to "take it off" because it inconvenineces you. Unforuntately, that incovenince is intended as the punishment for not abidingby your debts and to discourage you form doing it in the future. You can always call the creditor and see if they will work with you but in any event they can only report the debt for 7 years so it may fall off soon. ... Read More

I am sorry, but the cost and hassle of fighting over this is almost certainly not worth it. If the difference between the agreed payment amount and the amount garnished is great, you could try filing a motion to reinstate the payment plan and explain the situation to the judge. It will be very difficult to get anything done directly with the collection folks, I am afraid. Good Luck.... Read More

If your wife is not jointly responsible on the account, then probably not.  If her name is not on the statements and she has not used the account as an authorized user, then probably not.Under Florida Law, personal property of a married couple which was acquired during the term of the marriage is assumed to be owned as "Tenants by the Entireties" (TbyE), which means that if one of you dies, the other automatically owns personal property without going through probate.  Anything titled in your name alone (such as a car or individual bank account) may need to go through probate, and creditors can make a claim at that point.... Read More