Legal Question in Credit and Debt Law in Florida

My husband and I owe credit card debt. Haven't been able to pay due to lay offs and less hours of work. I am on social security disablity. I think in Florida where I live they don't even have to give notice before doing it. My question is. When they freeze an account is all the money frozen or is part of it still available for the person who has the bank account? Is there an amount of money that has to be in the account. I mean if you only have 500 in the account is that money ok for the creditor to freeze does there have to be a certain amount before they can freeze it. Not sure I asking that question correctly. My social security goes into a separate bank account than my husbands pay check. I beleive my social security isn't freezable so mainly just wondering what can happen to my husbands account. If it does get frozen and a person decided to see if they should file bankrupancy would the bankrupancy unfreeze the account if the creditor is listed? Thanks Linda Mason

Asked on 4/03/13, 6:20 pm

1 Answer from Attorneys

Angelo Marino Angelo Marino Jr. PA

Let's see if we can walk throught the process. Before anyone can attempt to take money from you by garnishment or attachement, etc., the collection company must first sue you, win, get a judgment, record it, and then seek to enfore the judgment. They cannot take social security checks or touch homestead. See to see about garnishement.

If you are sued, see a consumer lawyer to help you. We win these cases near 100% of the time and it costs you very little since we get most of our fees from the other side. Never just close your eyes and do nothing about these suits, or they will definately come back and haunt you.

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Answered on 4/04/13, 1:56 pm

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