Amy D. asked
I need to speak to a Florida attorney who specializes in consumer debt protection law (but not consumer bankruptcy law). We are from Louisiana and have been in Florida for about 1.5 years and have some legal questions to ask. Specifically, I was recently sued by American Express for an unpaid credit card debt and received a summary judgment against me. My questions are: 1) Can they pursue garnishment of my wages without notice, or does there need to be another hearing to start garnishment? 2) If I qualify as head of household, do I need to file an exemption form for every suit? 3) Can I file the exemption form from Marion County where I now live, or does it have to be filed in Okaloosa County where the judgment was rendered? 4) If my husband is on SSDI and I clear about $1800.00 per month, would I qualify for the head of household exemption? 5) Because of my job, Chapter 7 is not an option. Are there any other tools or options to prevent garnishment besides filing head of household exemptions? 6) Once a judgment is rendered, can a creditor file for seizure of non-exempt property if they cannot garnish my wages? 7) My husband and I have a Louisiana prenuptial agreement in place for the last 10 years. He owns a 5th wheel solely in his name which we have been living in for the last 2 years. He filed a statutory designation and declaration of homestead and declaration of domicile on the RV. Are we protected against seizure of what is now our home?
February 26th, 2024
Makayla S. answered
Yes, I specialize in Florida consumer debt law, excluding bankruptcy. Here are the answers to your q...
February 26th, 2024
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