Legal Question in Credit and Debt Law in Florida
judgement from repo
I cosigned my husband's loan. The car was repo with a $11K balance. He made an agreement to pay them no interest. He never paid them (I didn't know this). We were summoned. I am trying to settle with them I offered $5K on the now $13K but they won't budge. What can happen once they get judgement (wages garnished, home lien etc..)? Is there anything I can do to stop this? How do you ''answer'' a judgement? I know this is a lot of questions but this is all new to me. What if we got divorced?
1 Answer from Attorneys
Re: judgment from repo
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Your homestead is safe from any claim of a creditor unless you have more than $100,000.00 in equity in it at which time a creditor can try to force you into bankruptcy. Since the change in the laws, I have yet to see any lender attempt to levy against a homestead regardless to the equity, however. Wages of the head of a household are exempt from garnishment unless you agree in writing with the creditor. Social Security income is exempt from garnishment. Other assets are generally fair game.
The creditor does not have to negotiate a settlement although they generally will. If you do not like the first person you speak with, hang up and try again the next day. You may have better success.
Scott R. Jay, Esq.
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