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  1. #1
    Join Date
    Oct 2009
    Posts
    1

    Default Debt Summons in Florida

    My question involves collection proceedings in the State of: FL American Express has filled a lawsuit against me, my income has been cut in half and I can not make the payments right now. My question is can they take our house or garnish our wages, or freeze our bank account? I never thought my wife and I would be in this spot, but we are I and I don't know what to do. Any advice would help. Thank you in advance.

  2. #2
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Debt Summons in Florida

    First, show up and make them prove their case. Don't let the attorney make statements that are unsupported by evidence. Don't let the attorney testify about the paperwork. The lawyer needs someone from American Express that regularly handles the paperwork, etc. to testify to establish a basis to introduce it as a business record. Don't just roll over.

    In Florida they can't touch your house (homestead). If you have income property, etc. they can. They can't touch your car and various amounts of personal property, tools, etc. are exempt from execution. Yes, they can take a certain amount of wages, take your checking account balance once a month, etc. There are various things they can't touch but you'd have to research state law. I do not involve myself in cases like this.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Debt Summons in Florida

    Did you try negotiating a reduced payment before things reached this point? It may still be possible to negotiate a payment plan with the creditor, through its lawyer. If you fail to appear and defend, you will be defaulted (a default judgment will be entered against you).

    Judgment creditors are most likely to target your savings and your wages, as they're the easiest ways to get cash. You will enjoy certain exemptions from garnishment and execution, although I can't presently locate a specific statute that lists state law exemptions.

    You may benefit from consulting a bankruptcy lawyer.

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