Legal Question in Credit and Debt Law in Florida

Re: debt of incapacitated person in Florida

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No, a creditor cannot automatically slap a lien on a property for an unpaid debt. They must file suit with the court and obtain a judgment. The judgment would then become a lien subject to restrictions as set forth below.

A power of attorney has no effect on a debt or debts of a party. It affords absolutely no protection against creditors. You are obviously confusing the POA with some other instrument.

On the other hand, if the trailer home is the homestead of the debtor, it is protected against the claims of any creditor except one who the debtor gives a mortgage and uses the trailer as collateral. Credit card companies can sue and obtain a judgment but they cannot touch the land or the trailer on it.

Scott R. Jay, Esq.