Legal Question in Credit and Debt Law in Florida
My husband was sued for an old credit card debt. The collections agency is a law firm called hayt, and hayt in Miami, fl. My husband signed an agreement saying he would repay his debt plus court cost totalling 4,000. His debt was only 2500. He started making payments($50) and missed one this past month and they froze our joint bank account. We cannot pay for rent or food. They said they will take all monies deposited, which we both have direct deposit, until debt is paid. Is this legal? How can we take care of our family?
1 Answer from Attorneys
You should never had paid a dime. This is how they get you. Once you pay even one penny the time begins to toll again and they have you. Yes they can do that as he signed probably a stipulation that allowed them to file for the garnishment. Co mingled funds do not protect you. Only if the funds were from social security and/or a pension, then they can not take the funds but would have to repay them to you.