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Brent Blanchard
Brent Blanchard, Bankruptcy Attorney
Category: Bankruptcy Law
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Experience:  Twelve years experience in all aspects of debtor & creditor BK.
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statue of limitations on credit cards and can they garnish

Customer Question

statue of limitations on credit cards and can they garnish your paycheck.
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Brent Blanchard replied 4 years ago.
Florida's statute of limitations on "open accounts", where credit cards usually fall, is four years. If some peculiarity of your credit card agreement puts it into a written contract situation (unlikely but cannot tell without a real attorney-client consultation), then the statute of limitations would be five years.

Beware of any "payment plan" agreement which includes a document that has court info on it and a title similar to "confession of judgment". Signing this type of document pre-authorizes the creditor to file a lawsuit and skip straight to a judgment against you about 50 milliseconds after the first time you are late with any required payment. Once it's a judgment, the statute of limitations for chasing that down is seven years.

Yes, Florida law authorizes wage garnishment once a creditor has a judgment against the debtor. Once the judgment is properly noticed, then garnishment can happen just about any time, and the debtor won't be notified until it's happening.

Florida's statutes at §222.11 include a notable and huge (for most people) exception/exemption to wage garnishment for a person who is a "head of family", providing more than 50% of the financial support for a child or other legal dependent. If that is the case, then the wages can be garnished ONLY if the head of family agreed in writing to wage garnishment (CHECK THE CREDIT CARD AGREEMENT!!!), AND the wages are more than $500 per week.

Head of family wages that are put into a bank account are protected for up to six months, even if mixed with other money.

For a person who is not a "head of family", wages can be garnished only if they are more than 30 times the hourly minimum wage for any week (30 hours at minimum wage--what's above that, if any, becomes the amount that is garnished at 25% of gross).

The *other* judgment collection bugaboo in Florida is that only $1,000.00 of your personal property is exempt from being siezed by the Sheriff and sold to satisfy a judgment. That's why putting all of one's money into a homestead (fully exempt under state law, and up to $125K under federal bankruptcy law) is so popular.

Thank you.

BB.
Brent Blanchard, Bankruptcy Attorney
Category: Bankruptcy Law
Satisfied Customers: 1915
Experience: Twelve years experience in all aspects of debtor & creditor BK.
Brent Blanchard and other Bankruptcy Law Specialists are ready to help you
Customer: replied 4 years ago.

Do you work out of a Florida office? Bankruptsy may be an option.

Expert:  Brent Blanchard replied 4 years ago.
No, my offices are in Nevada and Utah.

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Twelve years experience in all aspects of debtor & creditor BK.