Legal Question in Credit and Debt Law in Florida

Im not sure what area of law this falls under, small claims? Please help?

Is it legal for a person to have a levy against them with out the person even notified of a case, a trial etc.. There was no paper work sent to me to inform me of this levy that was taken right out of my bank account without any prior knowledge. Wow iI was suprised. My bank told me they could not give any info except a phone # to an attorney in NJ, who apparently was handling this case. I do not live in the state that the case was handled and therefore when I contacted the attorney to see what this was about they stated they have tried several times certified mail to my old address, that I have not resided in Nrew Jersey since 2005, therfore I have nener been served. The attorney says that the case was from a medical bill from 2001, that the Dr. told me not to worry about the bill, because it was an emergent procedure that need to be done. Back then I was a victim of domestic abuse and needed this emergent treatment, surgery. To complicate matters even more I have been bankrupt since 2006.

Two questions: Legality of being suied without knowledge. I this legal? Can they just take money out of my husbands account without being informed and from a different state? The account is a joint account however my name has been legally changed sinced 05. I am unemployed so it is not even my wages.

If this medical claim creditor from 01 is on my brankrupcy papers can ythis issue be disputed? And if so how do I prevent this from happening again?


Asked on 11/05/09, 5:25 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

You've brought up several issues, and I'll do my best to help.

First, being a Florida lawyer, I don't know how service of process works in New Jersey. You should ask a New Jersey lawyer. It's not unheard of for unscrupulous credit collectors in Florida to claim they couldn't find you and to publish your lawsuit in a legal newspaper that no one reads and get a default (an automatic win) on a lawsuit. They claim they can't find you, but actually they don't even try. Maybe that goes on in New Jersey, too.

Next, if the bank account had your name on it, they can seize it, even if it's a new name. But, if your husband qualifies under Florida's "head of household" law (basically, he's the major breadwinner in the house), and the money in the account was from his paycheck, his account can't be seized.

Lastly, if this creditor was listed in your bankruptcy and they've done this to you, they could be in really big trouble.

You should speak to a bankruptcy attorney about how to proceed in protecting the money in the account and possibly going after the creditor for violating bankruptcy law.

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Answered on 11/10/09, 5:53 pm


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