Legal Question in Consumer Law in Florida

My husband has a judgment issued for default on a credit card. The card was in his name only. He is the sole source of income for our family, as I have been out of work for almost 2 years. We currently have 2 cars, one in both our names and one in his. The one in both names barely runs. I will soon be acquiring a 3rd car, due to the death of my father. It will be in my name only. Can the creditor go after a car that has a greater value than the debt owed? If so, would they owe us the difference in the fair market value? Or would they just file a lien preventing the sale of the car without them being paid?


Asked on 6/23/10, 12:11 pm

2 Answers from Attorneys

Carolyn Jones Law Office of Carolyn R. Jones

In Florida there are certain protections in place for consumers. One is Head of Household exemption. Your husband as the head of the household is exempt from garnishment of wages.

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Answered on 6/24/10, 3:36 am
Angelo Marino Angelo Marino Jr. PA

See my website on garnishments to understand your rights. Want to know the law? Sign up for our free newsletter on varies areas of the law by sending an email to [email protected] and requesting the newsletter, or go to www.ConsumerLawyerHelp.com.

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Answered on 6/24/10, 10:39 am


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