Legal Question in Credit and Debt Law in Florida

I was sued by CASH,LLC for $4,039.70. The debt was bought from GE Money in 2009. I was denied a motion to dismiss on basis of lack of Jurisdiction and improper serviicing. After adjustment for interest the final amount of suit is $4,192.09. I have been unable to pay because disability caused me to lose my job in 2007. My total family income is $2268.53. Please tell me if a judgement is made against me if CASH,LLC can garnish my disability, or pension, and if a lein can be placed against my home.


Asked on 11/07/12, 8:30 pm

2 Answers from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

No, even with a judgment order for debt, your disability, SS, or pension cannot be

levied or garnished, and if your home is your homestead in FL, it cannot be levied or

leined for the debt. However, garnishment or lein could be placed against a bank

account or other property in your name unless you protect these assets by

removing your direct and sole ownership. Of course, bankruptcy could discharge

the debt but that is not always the best or lowest cost option. Hope this helps.

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Answered on 11/08/12, 7:13 am
Lucreita Becude Lucreita D. Becude, P.A.

Mr. Martin is absolutely correct. Just a note - if you are having direct deposit for your funds, they can make your life miserable by attaching your account (ie freeze your assets). You have prove that the funds are directly from your disability, ss or pension. IN the meantime you are without funds.

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Answered on 11/08/12, 8:14 am


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