Legal Question in Credit and Debt Law in Florida
A collection agency is trying to collect a credit card balance wherein I made my last payment a little over 5 years ago. It was in my name only. I am on social security. My husband is also on social security and receives a monthly retirement stipend. Can they garnish my social security or freeze our bank account? What can they do to me?
2 Answers from Attorneys
They cannot attempt to garnish until they obtain a $ judgment. Should they start litigation, raise the defense of Statute of Limitations in your written answer.
It is likely that the statute of limitations may have run on the debt, but that is determined in part by the credit card agreement. I would send the collection company a cease and desist letter and a debt verification letter. Both of these you can obtain by going to www.ConsumerLawyerHelp.com. The cannot garnish your SS. See samd website for garnishment.
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