Debtor And Creditor Legal Questions

From what you describe, it sounds as though your husband's bank was served with a Writ of Garnishment.  If that is true, then Florida Statutes section 77.16 applies to "third party claims," explaining the procedure to try to get your property back.  (You can look up the statute online.)The procedure is not really that difficult.  You will need to prepare an affidavit fully explaining that the property is yours, why it is yours, with a good description of each item.  That must be filed in the court where the garnishment occurred.  The court should then set a trial on whether the stuff is yours -- it is supposed to be a jury trial unless all parties waive the jury.Obviously, it would be far better if you had an attorney to help you, but you may be able to file the affidavit on your own.  However, you need to do it quickly, before the court makes a final decision on the disposition of the garnishment.... Read More

If you are being sued in court, you will either need to hire a lawyer or find a way to educate your self about it ASAP. Zombie debt and payday litigators have a business model of suing to get judgments against people mostly becuase they dont know what they are doing in court. You may find this site of interest www.pro-sepower.com... Read More

Something is missing here as you speak of charges on YOUR credit report and affecting YOUR credit, then speak of your HUSABANDS obligation and HIS credit report related to your sons charges as an authorized user. Adding to this,  if there was a default on son's card for which husband was a guarantor or theprimary account holder, thecharges should haves shown up on his account from where the card was issued and  the bank  would have made numerous efforts to contact husband about this to demabd payment before 2012. Merely making payment in any event does not entitle anyone toremoval of existing accurate credit reporting.... Read More

THis may be a violation of the FCCPA where you are entitled to recover up to $1,000.00 or actual damages for violations andmake them pay your attorney's fees. If you have additional concerns, we do offer FREE initial consultations at 1-800-922-6442, to determine if we can provide further assistance.... Read More

There are simply too many variables to sort this out absent you simply retaining a lawyer to do so. Youhave a signed agreement, with a dispute about the bank not actually getting the money, and then inject a military SSRA issue in the mix after the fact and complaints about the repo conduct from years ago. At a core level this sounds like the bank claiming it is not getting paid the money at all, irrespective of how you have making the payment to them. I presume you have negotiated checks for all payments to show reciept of the payment made, as if the proof is imply proof of mailing, you will likely find yourself on the wrongside of that issue. If you have additional concerns, we do offer FREE initial consultations at 1-800-922-6442, to determine if we can provide further assistance. ... Read More

If there is a judgment against you, the court file shows you WERE served. You need to pull that court file and see what happened and may need to hire alawyer to set aside the judgment if you weren't properly served. Should you have further questions, please feel free to contact our office at 1-800-922-6442 for a FREE consultation.... Read More

If this is a legitimate collection company, meaning REAL, then this is a violation of both the FDCPA and the Florida FCCPA. HOwever, this sounds like a pay-day loan fraud scam, so you will have to sort out whether its a real compnay as you can't effectively file suit against a scammer. If you have other questions, please fee free to contact our office at 1-800-922-6442 for a FREE consultation. ... Read More

Most likely not.  If the creditor has not yet filed suit against you and obtained a judgment, and you have not received a billing statement or made a payment to them in over 4 years, it is most likely beyond the statute of limitations for them to collect. However, if they DID obtain a judgment against you, then they can pursue you for collections via wage garnishment, asset liens, bank account seizure, etc.  ... Read More

Typically a "rent a lawyer" to show up at the pre-trial conference. If you have any expectation of defending the case, NOW is the time to hire counsel, while they can do some good for you. Should you have any questions or concerns, please feel free to contact our office at 1-800-922-6442 for a FREE consultation. ... Read More

You will need to hire a lawyer to do this as botching it up is an invitation for them to sue you. You also need to weigh the fact that you have already been spending dollars chasing dimes as 99% of tenant judgments are uncollectable and not eligible for garnishment. Should you have any questions or concerns, please feel free to contact our office at 1-800-922-6442 for a FREE consultation. ... Read More

The short answer is "no," but there are always some odd exceptions.  As long as you don't sign on any of your husband's accounts, you aren't responsible for his debts.  Even if the debt is incurred after the marriage, you aren't reponsible for his debts unless you signed on it.  The main exception is that sometimes a spouse can be responsible for medical debts incurred after the marriage.... Read More