Legal Question in Credit and Debt Law in Florida
I bought some furniture f ry on badcocks, due to a brain tumor we werected unable to pay. They've already reposessed the furniture plus took other items we had previously paid off. They're now threatening to come into our home work the police and take b whatever they want to offset their costs, is this legal?
2 Answers from Attorneys
Badcock's had a security interest in your furniture, so when you couldn't pay it could repossess that furniture. But to take anything else, it must have a judgment against you. If it has a judgment against you, it can obtain a writ of execution from the clerk of court and ask the sheriff to take anything you own to satisfy the judgment. If there is no judgment, there can be no writ of execution and the sheriff will not take anything without proof of a valid judgment and the writ of execution. So IF there is no judgment against you AND Badcock is threatening you like this, they are wrong.
If they said what you claim, they violated the Fair Debt Credit Act. You may have a claim agains them. For a consumer lawyer in your area, go to
http://naca.networkats.com/members_online/members/directorya.asp?token=
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