Debtor And Creditor Legal Questions

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

A charge-off is merely a bookkeeping entry.  It has nothing to do with liability on the debt.   The debt may be past the statute of limitations for collections, however.  That depends on a  number of factors, including which states laws apply, when the last payment was made on it, and other things.  ... 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

I'm not sure what information you are seeking to obtain.  You already stated he has a judgment against you.  That's really the end of the story.  The judgment is valid for 10 years and is renewable.  Whether he continues to try and collect on it is up to him.   Presumably he has recorded an abstract of the judgment so that if and when you ever obtain real estate in the county where he records it, he will have a lien against that property. Beyond that, he has the judgment until it is paid off or settled.... 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

The Fair Debt Collection Practices Act (15 U.S.C. §1692) requires a collector to give you a notice that you have 30 days to dispute, but that notice really has no practical effect.  The creditor can sue at any time, including before the 30 days has expired.  However, you can slow them down by sending a letter to the debt collector asking for "verification of the debt."  The statute says that they must stop collections efforts until the verification is sent.  "Verification" can be something as simple as a computer print out showing the amount of the account, and if they receive your request, and immediately mail out "verification," then they can immediately resume collections activities.You have certain rights about communications under the law.  You can give them specific instructions not to contact you -- if you do, their only options will be to tell you that you are about to be sued, and then to sue you.  They cannot call you at work if your employment does not allow such calls.  They should not call you on a cell phone unless you allow it.  They should not leave voice mail messages with any details about the debt.  Every time they talk to you, they must say, "This is a communication from a debt collector."... Read More

The HOA probably cannot sue for assessments more than four years late. However, in their application of your present payments, the law requires them to apply your first payments to delinquent payments. This is a fairly new law, and I am not sure whether that you can "waive" that requirement in an attempt to cause first payments to be applied to the assessments that are less than not four years late. That would require further research. Even then, I am not sure there would be any reported cases on the subject yet.... Read More

No, you cannot force a lienholder to repossess the car.  You may want to call someone who hauls away Junk Cars -- they usually do not require a title.  To be safe, you could contact the lienholder to warn them that the collateral is going to be hauled away, but it is probably better to just have the car hauled away as junk.  If you haven't paid in six years and haven't been sued, then you may be past the Statute of Limitations in Florida (usually 5 years on a written contract).... Read More

There are a lot of unknowns in your question.  Does the creditor already have a judgment?  Generally, garnishments can only happen after a judgment.  If the Creditor has a judgment against you but not your husband, then generally the creditor CANNOT garnish your husband's paycheck.  There may be some odd and rare exceptions, though.Has the credit card company taken the position that because your husband used the credit card, he is liable for it, too?  If this is BEFORE judgment, then this may or may not be an issue.  However, if the judgment has already been entered, then it is probably too late for the judgment creditor to actually include your husband as a possible liable party.If the attorney is seeking all of this information as part of "post judgment discovery," then you must provide some information or you could be held in contempt of court.  If you claim to be "head of family" under Fla. Stat. 222.11, then your WAGES cannot be garnished.  But you said that you are self-employed -- depending upon the facts, your income as a self-employed person may NOT be protected against garnishment because that income is not "wages."In some cases, if you claim to be head of family under 222.11, your husband's financial information might be discoverable to determine the validity of your claim to be head of family.  NOTE that the person who makes the most income is not necessarily the "Head of Family."  It can be the "primary decision maker" for the family even if that person does not earn the larger income.  Again, it may not matter if you are self-employed.In some cases, a judgment creditor can look into your husband's financial records if there is some evidence that you have been "fraudulently transferring" assets or money to him (See Fla. Stat. Chap 726.) You may want to file and serve a written "objection" to providing any financial information on your Husband, which will force the judgment creditor to set a hearing on whether you have to provide the information.  For the most part, any JOINT accounts will be required to be provided.  Remember that anything owned by you and your husband jointly will probably be protected as "tenants by the entireties."  So if you have been married a long time and most of your personal property and any real estate is owned by both of you, it probably cannot be used to pay the debt. The debt management company has no authority over a judgment creditor unless the judgment creditor agrees to something.... Read More

Is the title to the truck in your name? If so, you could tell the boy that he must return the truck to you if he does not pay. Yes, the verbal agreement is binding and you can sue to enforce the agreement and/or to get the truck back. If you obtain a money judgment you can garnish his wages but he can't be jailed for breach of contract. Thanks, Brian... Read More

A creditor cannot issue an arrest warrant.  Only the District Attorney or a court can do so. You may want to consider filing bankruptcy as that will eliminate the debt and resolve any legal problems related to it.  However, if that is your only debt it may not be worth it. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  CONTACT MARK for more information or to schedule an appointment.       ... Read More

Your story is echoed by millions of other homeowners. It is very unfortunate that it occurred. However, there really is not much more you can do about it. Most of the lawsuits are over, and certain homeowners received checks from some of the banks. Usually they did not amount to more than a few hundred dollars. Further, when you executed your modification documents, the new loan balance probably would have been stated therein. Hopefully there is some solace in the fact that you saved your home and were able to sell it, which means you were not too far underwater, if at all. Best of luck to you!... Read More

It depends on what you are being sued for and whether you dispute it.  If you are being sued for a debt you owe, then you have 30 days to file a response to the lawsuit.  If you do not, then a default judgment will be entered against you and the creditor can seek to garnish your wages, put liens against your assets, seize your bank account and similar remedies allowed under state law. Depending on what type of debt it is, you may be able to file bankruptcy to stop the lawsuit and eliminate the debt.  A consultation with a bankruptcy attorney will help you learn your options. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  CONTACT MARK for more information or to schedule an appointment.   ... Read More

First, I would strongly recommend you NOT file bankruptcy over a time-barred debt.  That would hurt your credit for much longer, and there is no need. Also, I would suggest that you NOT contact the creditor to pay this debt if it is past the statute of limitations, but if you feel that you have a moral obligation to pay something, then make sure you get an agreement in writing that your payment will be settlement in full AND they will remove the entry on your credit report BEFORE you pay.The best thing to do is to obtain copies of your credit report from all three credit reporting agencies, and challenge the entry about this debt since you no longer have a legal duty to pay it.  Under the Fair Credit Reporting Act, the credit reporting agencies must confirm the validity of the entry, and most of the time the creditors will not bother to confirm the debt.  This may get the entry off of your credit report without having to pay anything.... Read More