Legal Question in Credit and Debt Law in Florida
I received a call from a collection agency concerning a charged off since 2008 credit card. They purchased the account and was acting on it. I told them I'm 62 years old and disabled, I live on around $700 from SSI per month. They said I should be receiving around $1,600 per month from SSI, I told them I don't, I did not have a long work history due to health problems, and now I'm partly crippled. They told me they were going for a judgement and could take my belongings. Including my only transportation to doctors drug stores and grocery stores, my 1996 Chrysler. I told them it had been junked, it hasn't been, still depend on it. I live 40 miles from town. Can they do this? I live in Florida, they are located in Cincinatti. They said they sent the validation letter to me months ago they are not sending another. I remember getting something. I got a prepaid debit card and gave them the temporary number, since I have received the permanent card with a different number but haven't called them back yet with it. They want $48.00 per month for the next 13 months, I can't afford this. If I don't pay it, can they take my few belongings?
4 Answers from Attorneys
Contact a consumer lawyer who does these cases. These collection companies cannot when up against someone who defends these cases for a living. See www.ConsumerLawyerHelp.com for assitance.
It depends on your circumstances. I would contact legal aid or a consumer rights attorney in your area for a fuller analysis. Regardless of what you do, fight any suit even if you self-represent. Collection agencies assume that most debtors won't go to court. If you make it clear that you will battle them over an amount of this size, they may decide you aren't worth it.
First, if the last payment was in 2008, and you have not acknowledged the validity of the debt since then, they may be barred by the statute of limitations. In Florida, an action for breach of a written contract must be brought within five years of breach, although there are some exceptions.
If you lose your case:
Social Security will be generally exempt from garnishments. The exceptions do not apply to you, so you are likely safe.
Florida law allows a debtor to claim up to $1000.00 of the value of the car as exempt from garnishment. If your car is worth $1000.00 or less, they will not be able to attach it. If it is worth more than $1000.00, they may attach it, sell it, give you $1000.00, and take any money over $1000.00 towards the debt. You are also allowed to exempt up to $4000.00 of personal property in addition to the car. They will not be able to take the shirt off your back. For a summary of debtor's rights after a judgment, see the Florida Bar's guide here: http://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/f1bc20015cfdb2e985257408005290ed!OpenDocument
You may have other issues that may be useful for you- harassment by the collector, head of household exemptions to garnishment, and property jointly held with your spouse. It would be a very good idea for you to hop on over to Google right now and look for legal aid firms or local bar associations in your area. You can probably get at least a more detailed consultation, if not some pro bono assistance.
Don't pay anything. If you begin paying them, then the toll begins again and it looks like they are barred since they missed the deadline to file for a judgment. Also NO NO NO they can not take your transportation. Florida laws are much different than Ohio. We have homestead exemption and that includes a vehicle that they can not attach. If you need assistance contact my office for a consultation. 904-997-1031
Don't pay anything. If you begin paying them, then the toll begins again and it looks like they are barred since they missed the deadline to file for a judgment. Also NO NO NO they can not take your transportation. Florida laws are much different than Ohio. We have homestead exemption and that includes a vehicle that they can not attach. If you need assistance contact my office for a consultation. 904-997-1031
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