Southwest Brevard Cnty, FL asked in Family Law for Florida

Q: had credit card back in 2008 or so went to court 2010 couldn't pay it was the only supporter of family,they sent a paper

to my bank and I saying they will freeze or garnish my wages.husband disabled and his check pays rent.he gets 866 rent 850,my checks pay everything else and gas and food.please help me.i can make arrangements to pay something every month but can't afford for the to garnish wages.served in june 13.2018.I thought statue of limitations is 7 years.please help!!

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: It looks like they got a judgment against you in 2010. Judgments are good for 20 years without the creditor having to do anything.

Now they have garnished your bank account, or are thinking about doing so. If and when this happens, you need to get a form from the clerk of court entitled "claim of exemption" (if it hasn't already been served on you), fill it out, and file it with the court. Then ask about getting a hearing set ASAP.

If you can prove that the bank account contains nothing but your wages, and that because you make the majority of the income in your household those wages are exempt, you should be able to get the court to order that the money is exempt.

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