Legal Question in Credit and Debt Law in Florida
Disabled Debtor Protections
I am a Disabled debtor on SSD. I defaulted after 7 pmts. on an unsecured signature loan from a Cr. card co. for $9,100. plus int. and court costs. I have offered to make small mo. pmts, but the creditor wanted the judgement to go through. I went to court and agreed with everything and now have recieved a post-judgement discovery sheet to fill out which requests owned property info( I own none) vehicle info and car title(copy), and bank account info and copies of statements. I am disabled and also take care of an elderly parent, so I am afraid to give out this info for fear they will just take my car or freeze or garnish my bank account where I get my SSD deposit. What rights and or exemptions do I have under Florica law ? It seems my Disability has not made any difference in these proceedings. I have no lawyer yet, but am considering getting one. This is the only debt I have that I haven't paid, other than that, my credit is pretty good, I pay all my other bills on time; so is bankruptsy an answer for a single bad debt ? Thank You for your answer.
1 Answer from Attorneys
Re: Disabled Debtor Protections
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Social Security payments are not garnishable - even when deposited in a bank. Your car may be in danger, however. You do have an obligation to complete the discovery request. If you fail, you may be held in contempt of court which could result in penalties being assessed. You may be wise to consult an attorney to advise you of your rights.
Scott R. Jay, Esq.
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