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Post Judgement Credit Card Debt in Florida
Frequently Asked Questions (FAQs)
Can a creditor in Florida garnish my wages after a credit card judgment?
Yes. With that being said, Florida law limits wage garnishment. For example, the head of family exemption can block garnishment entirely if you meet the statutory requirements. We can help you understand how fair debt collection practices apply to your situation.
Can I challenge the judgment after it has already been entered?
Yes. A judgment may be challenged if you did not receive proper notice or if the court entered it due to a procedural or jurisdictional error. A motion to set aside a judgment must be supported by specific legal grounds and evidence.
Can a creditor take money from my bank account?
Yes. After a judgment, a creditor may attempt to levy on a bank account. That said, exempt funds remain protected, and improper levies can be challenged.
How can I stop a bank account levy in Florida?
If a debt collector freezes your bank account, you must act fast. Florida law allows you to claim certain assets as exempt. For example, if the money in the account comes from Social Security or is needed for basic monthly expenses as a head of family, you can challenge the levy in court.
What personal property can a creditor take?
In Florida, a creditor with a judgment can ask the sheriff to collect certain items of personal property to pay the debt. However, you are usually allowed to keep your home under the homestead exemption and up to $1,000 in value for a vehicle. An experienced attorney can help you protect your belongings from being taken.
Will I lose my home if I have a credit card judgment?
In most cases, your primary home is protected from credit card companies by the Florida Constitution. This is called the homestead exemption. While a creditor might file a lien against the property, they generally cannot force a sale to pay off unsecured debts. This protection is different from a mortgage, where a lender can start a foreclosure if you do not pay.
Can debt settlement help me after a wage garnishment starts?
Yes. Even if a garnishment is already taking money from your wages, you can still negotiate a settlement. Creditors might accept a lump sum to stop the process and satisfy the judgment. This often ends up costing you less than letting the garnishment run for years.
Is it too late to hire a lawyer after the court case is over?
It is never too late to get legal fees and options reviewed. While the trial may be over, the collection process is just starting. A Daytona Beach post-judgment credit card debt attorney can still help you negotiate a settlement or file for bankruptcy to stop aggressive creditors.