Legal Question in Credit and Debt Law in Florida

Re: Default judgment summons

Your question leaves open a number of questions which I would need answered in order to adequately respond to your inquiry. First, who is "they" that are seeking to obtain default judgment against you? Is it the family member who is residing on the property or a creditor of some sort? That being said, depending on the nature of the judgement, it is certainly possible that a court could order the forced sale of the subject property. Wage garnishment is another tool which is available to a creditor who obtains a judgment against you. Both options would likely be at the disposal of the party obtaining the judgment. In any event, I would certainly act to obtain representation so as to not allow a default judgment to be entered against you. The claim against you may be legally barred for one reason or another or you may have some other defense to the claim which you are not aware of and, as such, I would not recommend letting someone obtain a default judgment against you.

Re: Default judgment summons

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Non homestead property is always subject to claims of creditors but they would take subject to any existing mortgage. You should attempt to defend against the lawsuit which has been filed against you and not let it get to this stage if at all possible. If there is equity in the property, the judgment holder will probably try to force the sale to collect whatever portion might be recoverable. Your wages are protected if you are the head of household from any garnishment.

Scott R. Jay, Esq.