Can Credit Card Companies Seize Your Car or Household Property for Debt

[Art_D]

My question involves judgment recovery in the State of: Florida

I am a 52 year old married homeowner in Florida living on a pension and a part time job. My husand has extremely debilitating arthritis. I have incurred about 30,000 dollars of credit card debt with assorted credit card companies. I am literally too broke to declare bankrupcy. My credit card debt has all been turned over to assorted collection agencys who are currently sending me letters offering me very low settlements. I should mention that one of the companies is Chase, who has been extremely agressive and very nasty. I can barely keep my head above water now, and sorry, I can't come up with x number of thousands of dollars in 10 days, etc. The house is in my name, I have 2 cars that are also in my name.

Here are my questions: Will they sue me? I know they can, but will they? If they get a default judgement, what does that mean in Florida? I have 2 cars in my name, can they take my cars? Can they come into my house or garage and seize my property? Can they seize my husbands tools and property? Can they garnish my pension? I know that Florida has good protection from creditors, having said that, I am at a true loss here, I cannot afford an attorney, what can I expect to happen in the next 6 months to a year? Any help will be greatly appreciated. Thank you!

[Mr. Knowitall]

Will they sue me? I know they can, but will they?

Only time will tell.

If they get a default judgement, what does that mean in Florida?

It will mean that they have a judgment against you, and can use judicial remedies to attempt to collect the judgment.

I have 2 cars in my name, can they take my cars?

Noting first that creditors usually do not execute, preferring garnishment against wages or bank accounts, per Florida Statutes, Sec. 222.25, "A debtor's interest, not to exceed $1,000 in value, in a single motor vehicle as defined in s. 320.01" is exempt from collections.

Can they come into my house or garage and seize my property?

If they obtain an order permitting execution against your property, they can act on that order to seize and sell your property.

Can they seize my husbands tools and property?

Maybe. You haven't shared any facts about how your husband factors into the credit card debt.

Can they garnish my pension?

Per statute,

(1) Money received by any debtor as pensioner of the United States within 3 months next preceding the issuing of an execution, attachment, or garnishment process may not be applied to the payment of the debts of the pensioner when it is made to appear by the affidavit of the debtor or otherwise that the pension money is necessary for the maintenance of the debtor's support or a family supported wholly or in part by the pension money. The filing of the affidavit by the debtor, or the making of such proof by the debtor, is prima facie evidence; and it is the duty of the court in which the proceeding is pending to release all pension moneys held by such attachment or garnishment process, immediately, upon the filing of such affidavit or the making of such proof.

* * *

If an order of garnishment is issued, you should file a claim for exemption, asserting any applicable exemptions.

...what can I expect to happen in the next 6 months to a year? Any help will be greatly appreciated. Thank you!

That's not something we can answer for you. It's up to the creditors and their collection agencies.