Legal Question in Credit and Debt Law in Florida

default credit card judgement 2014 .i just got letter saying they want to give me a depositition?why they already got the default

is this legal and also can they touch my husband and i checking account joint hes on disability or do they have to go to court first to take money out .....when you default on charge card how many years do they have to take it to court ..thank you


Asked on 3/25/16, 4:09 am

2 Answers from Attorneys

Barry Kaufman The Law Office of Barry W. Kaufman

It's all legal. The deposition is for you to answer questions under oath about your financial situation and if requested, to produce financial documents.You must attend or face the possibility of being found in contempt of court. It's possible, though not particularly likely that the creditor could garnish your joint bank account. If the judgment is against you alone, the odds are slim that the creditor would be able to garnish your bank account. A judgment is good for 20 years.

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Answered on 3/25/16, 4:55 am
Lucreita Becude Lucreita D. Becude, P.A.

Joint accounts are not safe from creditors. they can freeze the account which will leave you without funds until you can prove that the funds in the account are disability funds. This takes time. You need to separate you funds - you MUST attend the deposition but more importantly, have you tried to work with an attorney to reduce the amount owed and/or dismiss the action under the "Rights of Debtors" (google that for the info).

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Answered on 3/25/16, 6:56 am


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