Legal Question in Credit and Debt Law in Florida

Judgement obtained, want to pay, need to stop interest

I voluntarily turned in my car after not being able to make payments. The bank hired a law collections firm to collect. I originally agreed to pay $50 dollars per month for 6 mos. and then increase to $173. This was stipulated in the court case. At the end of the 6 mos, I offered a settlement payment of $3000. They refused outright (the debt is allegedly about 5200). They also continue to charge me interest on this debt. I refused to pay until they stop charging interest. They have now obtained a judgement against me. Do I have any recourse to be able to pay without them continuing to add interest or should I just let them continue their collection process. I have no other assets other than my home which is homesteaded. Also, this is a debt that I had before marrying. Can they touch my husband's assets?


Asked on 8/09/04, 9:23 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Judgement obtained, want to pay, need to stop interest

1. Interest runs to the date of payment.

2. The judgment does not effect you husband.

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Answered on 8/09/04, 9:31 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Judgement obtained, want to pay, need to stop interest

1. Interest continues to accrue on the judgment until it is paid. If it can be settled, then you are so much the better.

2. Your husband's assets are not subject to levy for satisfaction of your debt.

3. Your homestead is (based upon your statement) exempt from forced sale to satisfy the judgment.

4. It is your decision to make as to how you wish to proceed.

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Answered on 8/10/04, 12:03 am


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