How Can I Save My Property?
Misinformation: My car cannot be taken from me as long as it is paid for.
The truth: Only $1,000 in equity in motor vehicles is protected in Florida. If you have a $20,000 car that is paid for, a creditor can sue you, get a judgment and may garnish it and sell it to offset the debt that you owe that creditor. You would only be entitled to $1,000 from the proceeds.
If you are facing garnishment of your bank account, wages or property by your creditors, it's important to act quickly if you want to save your property. By ignoring a financial problem, you are not solving it.
At The Day Law Office in Spring Hill, Florida, our lawyers offer a free initial consultation to discuss ways to stop a garnishment, save your property and explain your rights under Florida law.
Is Bankruptcy the Solution?
There may be defenses to a garnishment short of filing bankruptcy. For example, if your creditor sold the debt to a debt collector, the debt collector must prove that the debt is yours. This may be difficult for the debt collector to do.
If other defenses are not available, our lawyers can put an immediate stop to a garnishment by filing Chapter 7 or Chapter 13 bankruptcy. Bankruptcy gives you protection from creditor actions, including garnishment and harassment. Filing bankruptcy will stop a lawsuit.
Can My Wages Be Garnished?
In Florida, your debtors can garnish up to 25 percent of your wages unless you are a head of household. Creditors can also garnish:
- Checking and savings accounts
- Paid-for vehicles that are worth more than $1,000 (only the first $1,000 is protected)
- Other property that you own
Free Attorney Consultation
To schedule a free initial consultation with an attorney about ways to stop a garnishment, call us toll free at 888-326-9553 or fill out the contact form on this web site. Our law office is located in Spring Hill, Florida, in the center of Hernando County.
"We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code."
