Legal Question in Credit and Debt Law in Florida

Default Judgment and 2nd lawsuit

I live in Volusia county Florida and I recently had a credit card default judgement against me for $1200 and now have a couple more trying to sue me. I own my mobile home which is on leased land and I do have an Traditional IRA in my married name for 13,000 and don't want to lose that since it's all I have. I recently remarried but this debt was made before I even met him and the debts are under my maiden name. They can't make my husband pay right? Can they go after my IRA? We have a joint checking account which his social security check is direct deposited every month, can they take that money from our account. I have no income myself and we are just about making ends meet now. I can't afford an attorney. I have just been served with a 2nd summons from another. What can I do to stop these collection agencies from trying to sue me?


Asked on 9/28/07, 10:04 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Default Judgment and 2nd lawsuit

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.

There is nothing you can do to stop anyone from suing you if you owe them money and do not pay. Filing suit is a legal right in this country.

Your husband's monies should be safe. He is not responsible for your debt. If your mobile home is your homestead, then it cannot be touched by any creditors. Similarly, your IRA is also safe in Florida. Perhaps you might consider getting a job and start making payments against your outstanding debt. Further, do not incur and additional debt if you do not intend to pay. You might be found guilty of a criminal act if the creditor or State can prove fraud.

Scott R. Jay, Esq.

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Answered on 9/28/07, 11:02 pm


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