Legal Question in Credit and Debt Law in Florida

Re: Credit cards and liens

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 nformation, 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 homestead is safe from creditors claims including Capitol One. Your car might not be if you have equity but no debt on it although it is unlikely that the credit card company will attempt to levy on your vehicle.

I would suggest that you consider a repayment plan with Capitol One. When you go to court, explain your situation to the judge or mediator and ask to make payments. Often, a judge will take your financial situation into consideration and push the Plaintiff into taking smaller payments than they might otherwise like to accept.

Scott R. Jay, Esq.

Re: Credit cards and liens

Most card companies will settle the debt for a payment arrangement or lesser amount. It may be in your best interest to resolve the issue that way since the amount is well below the assets you listed.