I was issued a judgement for credit card debt. Can they take money from my bank account if its shared.?I was told today by the credit card company attorney that they could take money from my bank account i recieve child support by direct deposit, and that is my sole source of income . Can they do that if its a shared account and not a spouse.? BTW i live in Florida | |
Florida is liberal in it's exemption statutes for the benefit of Florida debtors.
A judgment debtor's wages may not be garnished if the judgment debtor is the head of a household and furnishes more than half of the support of a child or dependent.
If you are the head of household and more than 50% of the child support you receive goes to supporting your child then they cannot garnish your child support.
The Florida Legislature concerning homestead and exemption statutes and how to file for exemption status:
http://leg.state.fl.us/Statutes/inde...
In some states they can, in others they can't. I'm not sure about Florida. You should call a legal aid service, as they can help advise you on this issue. I know that in Texas, the most they can do is get a judgment against you--which is dumb, because if you're already in default you owe the debt, and they have to spend money on court costs to get the judgment, and that's wasted money out of their pockets to get something they've already got! Of course, you'll be responsible for those fees/charges as well, but if you already can't pay....
As I said, things are different from state to state, but had a "credit card company attorney" said that to someone in Texas, they would have violated the law. That's why you need to call someone in legal aid!
Don't just roll over because someone claiming to be an attorney says something! GET THE FACTS!
first..you need to stop talking to these bloodsuckers!! and that's what they are...and they will intimidate you into everything!
did you do a debt validation on these jokers? You have rights and laws that will protect you...seek some legal aide if you can't do this yourself...
As far as I'm concerned...you did not sign any contracts with this JDB (junk debt buyer) so you do not owe them a red cent until they prove it that they own this debt! The burden of proof is on them...not YOU!!
and NO they cannot take your child support!!
If you have a court date set...you MUST show up or else they will issue a default judgement and then you have NO say so in the matter!
wishing you good luck!!
Yes. A bank account is an asset. It doesn't matter where the money came from or what you intended to do with the money or who else's name is on the account. You might consider opening an account in the name of the child if the money is used solely for the child's benefit.
I believe they can, but honestly credit card companies can get really nasty and flat out lie to you. They are just trying to get their money. If I were you I would take the money out as soon as it's deposited and pay them off gradually. They can put a lean on anything you own as well (car, house, anything of value). They can also garnish your wages if you worked and had a regular pay check.
Child Support is supposed to be for your children not your source of income
I think so because they are related to the company.
Yes they can.
yes they can
yes....get your cedit paid off ASAP ....
