QUESTION

Unsecured personal credit card debt judgment collection practice question

Asked on Jun 10th, 2016 on Collections - Florida
More details to this question:
Once a judgment is rendered for unsecured credit card personal debt, if the defendent is willing to make payments to pay back 100% of the amount due, will that usually suffice? My concern is that I am willing to pay the debt, will pay it back according to what I can afford monthly, but can they still say no to that and levy personal bank account? My concern is that once a judgment is rendered that they don't have to accept any type of payment even if I am willing to pay it all back within a reasonable period of time in a reasonable manner. I rent and do not own any assets. I have no savings no liquid assets of any kind except a S Corp (Health insurance agency) and I am sole employee. I am single parent of special needs son who has impairment. I am concern that if they come after my checking account, I am unable to pay rent, food, etc. and I'm on the street. I have to answer summons in 17 days. Thought I would not answer since I owe the money.
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1 ANSWER

Commercial Litigation Attorney serving St. Petersburg, FL at Law Office of Guy P. Coburn
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Please note that there is a difference between what a judgment creditor has the RIGHT to do, versus what the judgment creditor is likely to do or can choose to do.Once a judgment has been entered, the judgment creditor has the right to enforce the judgment by garnishment, levy or a few other judgment enforcement methods which may not apply to your case.  Most of the time, this right starts 10 days after the judgment has been entered.  With a few odd exceptions, the creditor does NOT need to accept your long-term payment plan -- The Judgment Creditor is free to choose to work with you, or to ignore your requests and invoke garnishment or levy. Here's where it gets complex: If your wages were garnished and you worked for someone else, then you could claim that your wages were exempt from garnishment under Fla. Stat. 222.11, which protects the wages of a Head of Family.  However, because you work for an S Corp that you own and are the sole employee, the application of the statute becomes more complicated, and depends on the circumstances.  On the other hand, if the judgment creditor puts you out of business, the creditor has no chance of getting paid -- That is the creditor's choice.  On the other hand, you may qualify for other exemptions which would allow you to exempt the money garnished; each natural person gets a $1000 personal exemption under the Florida Constitution, and another $4000 of you do not claim the Homestead Exemption (by statute).  But you have to claim those exemptions or they are waived.  There are other exemptions under Florida Law that may apply to you.There are a number of additional negative consequences to having a judgment entered against you.  It may appear on your Credit Report.  If you own any real property now or in the future (for up to 20 years), the judgment can become a lien on non-homestead property if a certified copy of the judgment is recorded in the county where the property is located -- however, mortgage companies will usually be unwilling to loan money to someone with a judgment against them, so it will be difficult to buy a home.If a Final Judgment has not yet been entered and you admit you owe the money, it is probably in your best interests to contact the Creditor's attorney and work out a payment schedule which should be clearly written as a "Payment Stipulation." The Stipulation should state that as long as you continue to make the agreed payments, the creditor will NOT have the judgment entered against you.  Letting the case go to default is usually a mistake.  You may be able to reduce the amount of attorney's fees, you may be able to negoticate a lesser total payback or a waiver of interest.
Answered on Jun 13th, 2016 at 8:01 AM

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