Legal Question in Credit and Debt Law in Florida

In 2009 my husband and I financed some furniture. Several months later we realized we were over our heads financially. We decided to file brankruptcy and stopped making the payments. It took me about 5 weeks to get all the papers for the lawyer but he would not proceed until we paid in full. After another 2 months of unable to pay his fee I decided not to file bankruptcy. By that time I separated from my husband and was paying everything on my own plus 2 children. I couldnt pay to catch up on the bills and couldnt pay rent. I moved out to a cheaper place and in the meantime met someone who ended up stealing money from me. It was a little at a time so all I noticed was that I still couldnt pay my utilities. Very long story. I ended up being homeless for 2 months. I then moved with my sister. I was still working all this time but my check was going all to pay bank overdraft fees since this person also wrote checks from my acct. Its now 9 months later and I am slowly getting back on my feet with my now 4 children. I received a noticeI am getting sued and have to go to court for the furniture that I dont have cause I had to sell it to feed my kids. What are my options with lawsuite? Will I have to set up payments? Its hard with 4 kids, rent, utilities, and no real financial help. My 2 son's dad makes $1000 a month and my 2 daughters dad is currently in jail. Sorry this is so long. And I even left out a lot.

Asked on 3/31/13, 7:10 pm

2 Answers from Attorneys

Angelo Marino Angelo Marino Jr. PA

I am very sorry to hear about your plight. Given your situation, it would seem that you would be garnishment free, but I suggest you look at my web site for addtional information. Your credit is probably ruined already, so I would suggest, not knowing more, that you do not worry about paying the debt at this time and save your money if you can to file for bankruptcy to unload all you debts and start new. Your credit will be ruined for 7 years after you file, but it probably is now ruined anyway. See under garnishment.

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Answered on 3/31/13, 7:23 pm

Lucreita Becude Lucreita D. Becude, P.A.

I agree with Mr. Marino. However, go to the hearing, tell the Judge your story. You are no doubt exempt from making payments as being head of household and your income is probably insufficient to cover a payment arrangement. YOU Will NOT GO TO JAIL for not paying bills. Some of the collectors make this threat and sadly too many people believe it.

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Answered on 4/01/13, 7:26 am

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