Legal Question in Credit and Debt Law in Florida

I have a situation that has arisen and am confused. I had a judgement against me back in 1993. The judgement attached to a piece of rental property that was forclosed on. A builder and myself walked away from the property and the bank took it back. Since the the source for the judgement did not protect their interest and buy out the mortgage at foreclosure they(I thought were out of luck) but apparently this isn't so. An attorney has reactivated the file from 1994 and has obtained a new judgement(apparently) and are threatening me with a garnishment. If this is legit and can be done I will lose my job once they attach a garnishment. Do I have any recourse other than Bankuptcy? I am at a loss and don't want to lose my job. HELP!!! Thank You


Asked on 5/07/10, 3:37 am

3 Answers from Attorneys

Robert Wilcox Wilcox Law Firm

It really sounds as if you need to meet with an attorney.

First, you would want to confirm that the judgment is valid. The statute of limitations on most judgments in Florida is 20 years. I doubt that the foreclosure action affected the validity of the judgment, but it's worth looking into. Generally speaking, the foreclosure judgment and sale do not wipe out other judgments, they just prevent the other judgments from attaching to the particular piece of property.

In most situations, having a garnishment order against you won't cause you to lose your job, but maybe there are special cirucmstances in your situation. If you are the "head of household" in Florida, then your wages are exempt from garnishment.

Bankruptcy is a potential option if all else fails. Before you go that route, try to settle the judgment by offering the creditor as much as it would receive in a bankruptcy. Be careful of tax issues in doing so. If bankruptcy is your best option, keep in mind that you may be exempt from the "means test" if the majority of your debt is not conumer debt, but is instead related to a business or tax debt.

Again, you need competent experienced counsel to evaluate the situation. Once you know what you should do, the execution of the plan is often relatively easy.

Good Luck.

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Answered on 5/12/10, 5:11 am
Scott Behren Behren Law Firm

I agree you really need to sit down with a lawyer. If if the judgment continues to be valid, there are many exemptions available to people with judgments against them under Florida law.

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Answered on 5/12/10, 8:34 am

You need to consult with an attorney in your area immediately. Check with the local bar association in your county or with the local Legal Aid Society to inquire about retaining an attorney on a pro bono or discounted basis.

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Answered on 5/12/10, 6:22 pm


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