Legal Question in Credit and Debt Law in Florida

credit card debt

we have alot of credit card debt we now live on social security disablity and can not afford even the payments they have set up for us. even when you tell them you cant afford the payments they tell you its the best they can do i am so furtrated i am becoming ill. if i stop paying what can they do other than it being on my crdit report for the next ten yrs. can they reposes my car which i owe 28,000 but i am paying that. or my house it really is the only thing i have left to leave my children and if they can take my house how long do i have till they can do that. hope you have some good news for me thank you


Asked on 7/31/07, 8:34 pm

3 Answers from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: credit card debt

already answered.

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Answered on 8/24/07, 11:11 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: credit card debt

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Your house is generally protected against creditors under the homestead laws of the State of Florida. There are some exceptions which are usually not a problem. The creditors can sue you and obtain a judgment which will become a lien but cannot force the sale of your home. Your social security disability income is also protected from garnishment under Florida Statute. From the information you provided, you appear to be safe from the threats of the collectors.

Scott R. Jay, Esq.

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Answered on 8/09/07, 2:13 am
Thomas Rosenblum Rosenblum Law Offices

Re: credit card debt

Creditors for these types of debts can only put liens on your home, they cannot force the sale. They have to first file a suit and obtain a Judgment, which is the lien.

Have you considered filing bankruptcy? You can file bankruptcy and get rid of unsecured debts and keep your home.

'Hope this helps. Tom Rosenblum

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Answered on 8/01/07, 10:43 am


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