Judgement against me

1 Answers. Asked on Jul 24th, 2017 on Debtor and Creditor - Florida
More details to this question:
I'm permanent disabled veteran when I called collector they told me they could garnish my my disability payments plus I had to pay all court cost. I have had 3 seizures hurt my right leg, can hardly stand on same. I don't know what to do.
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Answered on Jul 24th, 2017 at 8:22 AM

If you live in Florida, a judgment creditor CANNOT garnish your disability payments.  Fla. Stat. §222.18 exempts disability income from garnishment in Florida.  

First, a creditor cannot garnish anthing until they obtain a judgment against you.  They would have to sue you -- you should know because you should receive a Summons.  Yes, as part of the law suit, they would have the right to add Court Costs on to the debt in any judgment -- the amount would depend upon the amount of the debt, but if the debt is over $15,000, then the costs might be somewhere around $450-500.  However, that debt would probably be uncollectable if you are disabled and have no significant assets.

MORE IMPORTANTLY -- if a debt collector is threatening to garnish your disability income, you need to carefully document it the next time the person calls:  Get the name of the collector, the name of the collection agency, and the address.  (Tell them you need to know where to mail a payment, if you need to -- refuse to give any debt card or credit card numbers).  Get other information, too, such as the name or the original creditor, the exact amount of the debt.  THEN CONTACT AN ATTORNEY WHO HANDLES DEBT COLLECTION HARASSMENT CASES.

By threatening to garnish your disability payments, the debt collection may have violated the Federal Fair Debt Collections Practices Act (FDCPA) or the Florida Consumer Collections Practices Act (FCCPA) -- most attorneys who handle these case will do so at little to no cost to you, since the other side is usually required to pay attorney's fees.  You might be able to recover up to $1,000 per violation, plus any actual damages you might have suffered.

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Debtor and Creditor
Just because you owe money to another person, a bank, credit card company, landlord or another party doesn't mean you've signed away your legal rights. Federal and state debtor-creditor laws explain both the legal rights and obligations of debtors (people who owe money) and creditors (those who are owed money). If you're being hounded by collection agencies and debt collectors, talk to a debtor and creditor attorney who can help you enforce your legal rights while also working to explore debt relief options. Your lawyer can discuss the pros and cons of debt settlement, garnishment, personal bankruptcy and other possible solutions.
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