Legal Question in Credit and Debt Law in Florida

Facts: Florida resident, lost my job, not able to make credit card payments, recent auto repo, no desire to BK or re-org.

Question: Can the creditors come after my assets, such as money in the bank and my home?

Assumption(s): I understand that they can get judgements and my credit is already ruined, but I was under the impression that they cannot attack assets because they are unsecured creditors.


Asked on 8/23/10, 7:13 am

3 Answers from Attorneys

Cynthia Conlin Cynthia Conlin, P.A.

In the state of Florida, your house, if you live in it, is homestead and cannot be taken by creditors. Your bank accounts, however, can be attached or garnished, once a judgment is obtained against you.

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Answered on 8/28/10, 8:28 am
Scott Behren Behren Law Firm

You bank accounts cannot be garnished or attacked if you can show that they are wages or disability payments, etc and that you are the head of household. In Florida there are many exemptions to protect you but you need to speak to an attorney about them. For more information check out my web site www.behrenlaw.com.

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Answered on 8/28/10, 10:12 am
Angelo Marino Angelo Marino Jr. PA

See my website on ganishment and repo law. Want to know the law? Sign up for our free newsletter on varies areas of the law by sending an email to [email protected] and requesting the newsletter, or go to www.ConsumerLawyerHelp.com. See www.FL-PI-Lawyer.com for your personal injury needs.

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Answered on 9/02/10, 12:23 pm


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