Legal Question in Credit and Debt Law in Florida

Judgement Threat

I received a letter from a Law Office who is representing a credit card bank. The letter states that their office has recorded judgement against me in the court where you live and that i am a judgement debtor. Also, that they can execute as followed:

1. Garnish wages

2. Appear in court to tell about personal finances.

3. Foreclose on real estate unless, said property is

homestead

4. Attach personal property

The end of letter states i can avoid the above by forwarding payment-- this is an attempt to collect a debt.

My questions are:

1. Is this an original judement? there is no cc at the bottom of the letter stating a copy of the letter was sent to the court where i reside. And it states that I can avoid this my making payment. This doesn't sound too original!

2.Also, is there an income limit on garnishement of wages. I only make $390/week gross pay. I read that if i was making less than $500/wk that my wages can't be garnished.

3. Can my husband's wages be garnished? This is a debt i owed before we were married. I'm taking this debt as my own.

Thank You for your assistance,

SJ


Asked on 5/21/02, 11:57 am

2 Answers from Attorneys

Anthony Comparetto Comparetto Law Firm

Re: Judgement Threat

If they have obtained a judgement against you than can take some severe actions against you in Florida. No your husband cannot be garnished but your assets and income can. You should handle this matter by talking with an attorney direct before it gets worse.

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Answered on 5/21/02, 2:49 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Judgement Threat

It must first be determined if a judgment has been entered against you. If if was and is only against you, then only your asests are subject to being used to satisfy the judgment.

It is most important that you retain competent counsel to protect your interests, and that it be done as soon as possible. There are other issues to be addressed, but the theshold question must be answered first.

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Answered on 5/21/02, 4:26 pm


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