Legal Question in Credit and Debt Law in Florida

I am self employed (technically unemployed). My wife and I work for ourselves as freelance marketers and when there is work we get paid. We have 2-3 clients who pay us by check or cash monthly.
I have a creditor who has a judgement against me and has frozen all the $1800 I made last month. They tried to tell me at my deposition today, that the money does not qualify as "income earned" or "wages" because no taxes are being taken out of the checks I receive.
I am married and deposit more into my account than my wife but head of household seems to be ignored by them bc we do not "earn" income.
They are telling me they will win in court and I should try to settle. How can they take 100% of my bank account if it is provable that the money in there is from my clients. Are they lying to get me to settle? I have no money and had to borrow from our family to pay our bill this & last month because of the hold on the only money we made. I have court Dec 29th and am in desperate need of answers on what steps I should be taking before then.

Asked on 12/20/11, 10:59 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

0 users found helpful

0 attorneys agreed

If you qualify as head of household under the Florida statute, the income is exempt. I do not see how taxes has any bearing. Let me know how it turns out.

Answered on 12/21/11, 3:26 am

Mark as helpful

Lucreita Becude Lucreita D. Becude, P.A.

0 users found helpful

0 attorneys agreed

From what I am reading, you are exempt from this . I suggest you attend the hearing, tell the Judge your situation and then demand lost wages from appearance and damages which would be the funds you had to borrow to pay the bills ask the court to sanction them and give them 10 days to pay you. and that they be fined for bring a frivoulous action since you tried to work with them.

Answered on 12/21/11, 4:18 am

Mark as helpful