Legal Question in Credit and Debt Law in Florida

I live in Florida. We just today 10-7-09 were summons by the court that one of our creditors is suing my wife. We owe about $34,000 in this credit card account. We have not made payments for over 6 months on the account due to the fact that my wife is the only income in the household. We also own jointly a investment property which might have about $10,000 in equity.We also have our house we live in now.

We also own 3 cars and a boat. Here are my questions.

1. Can the courts give right to the creditior to go after our jointly investment property?

2. Can the courts take away our house we reside at?

3. Can the courts give the right to take away our vechiles and boat?

4. Can they garnish my wifes wages and income tax return?

5. The only amount we can afford now is $100 a month do you think the courts might accept this offer?

6. Last question: Can she or we file for Bankruptcy now that we have been summons?

Thank you for your response

J.R.


Asked on 10/07/09, 12:36 pm

2 Answers from Attorneys
Brent Rose The Orsini & Rose Law Firm

I can't give you complete answers because you haven't posted enough info, so I'll hedge my bets with some "probablys." Here is the best I can do for you based on the info you've given:

1. Yes.

2. Probably not, but a lien could be placed on it.

3. Yes.

4. Probably not, if she qualifies under Florida's "head of household" rule.

5. It's not up to the courts. It's up to the plaintiff. I seriously doubt they take $100 per month.

6. Yes, assuming you qualify (or she qualifies). You'll have to speak to a bankruptcy lawyer in your area to see if she qualifies.

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Answered on 10/07/09, 3:23 pm
Angelo Marino Angelo Marino Jr. PA

see www.ConsumerLawyerHelp.com for answers re garnishment if a judgment is obtained. One spouse is generally not responsible for the debts of the other spouse, unless one agrees to be held liable. Make sure your property is held by the entireties, and if you have doubts, see an attorney. Many times there are litigate defenses to credit card cases. I have yet to loose any I have taken on. But it is a case by case determination.

I have no advice re bankruptcy.

Good luck.

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Answered on 10/07/09, 3:30 pm


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