QUESTION

can they touch my husband's disability/ social security pension money? and what can they do to me?

Asked on Aug 06th, 2015 on Debtor and Creditor - Florida
More details to this question:
portfolio recovery assoc.is suing me for approx. $1500. That is more that the Lowes Credit card credit card was. i have a pretrial hearing on Monday. I was served on July 30, 2015
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1 ANSWER

Commercial Litigation Attorney serving St. Petersburg, FL at Law Office of Guy P. Coburn
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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.
Answered on Aug 10th, 2015 at 4:31 PM

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