QUESTION

Can a debt collections lawyer forceably take money from me or my husband, we are in a debt management program?

Asked on Apr 20th, 2015 on Debtor and Creditor - Florida
More details to this question:
I am head of household and my husbands name is not on this credit card. A debt lawyer wants copies of his ss#, paycheck stub, drivers license #, bank statements, the titles to our cars, mortage info. They also want my info. Why do they want his? Can they garnish his wages? I am self employed. We are already with a debt management company. I was served papers a few months ago saying this particular attorney has taken over. I am willing to send my info but do I have to send his? We are sending the debt company monthly payments to pay down our debts. The debt the attorneys office now has is our largest debt and will probably be the hardest to negotiate down but we just cannot afford any more than what we are paying now. Can they forceably ever take money from us (pay checks or bank acvounts)?
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1 ANSWER

Commercial Litigation Attorney serving St. Petersburg, FL at Law Office of Guy P. Coburn
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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.
Answered on Apr 20th, 2015 at 5:09 PM

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