Legal Question in Business Law in Florida

My husband had a car repossessed this past year 2013. He had a illness that left him unemployed. He waited for social security for being disabled he is 62. The loan was only in his name. My question, He has received papers its going to go to court. Even though I am not on the loan will the court want my income included when they determine how much of a payment or how much to garnish income. I am on social security for inner ear disease. We have separate bank accounts. He is my payee because I am mostly housebound. He is not on my bank account as far as he can't write checks or use a debit card on it. I just wonder if they can consider my income also since he is my payee and if I should try and have someone else appointed.


Asked on 2/20/14, 1:09 pm

1 Answer from Attorneys
Stephen Verbit Stephen R. Verbit, P.A.

If the auto loan was only in your husband's name, then only he could be liable for the debt. None of your assets or income should be subject to garnishment or any other legal process concerning a debt as to which only your husband would be liable. Moreover, even though your husband may have liability, from your description, if a judgment is entered against him, it sounds like his social security disability payments may be exempt from garnishment as well, and he may not have any non-exempt assets to satisfy a judgment. However, exemptions need to be timely and correctly asserted in order to be effective. You should consult an attorney for assistance in this matter.

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Answered on 2/21/14, 10:31 am


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