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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 18835
Experience:  B.A.; M.B.A.; J.D.
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Recently, I did a google search on my husband through the orange

Customer Question

Recently, I did a google search on my husband through the orange county of clerks (FL), and I just find out that he has a law suit against him by a furniture store lawyer for a matress that he purchased on his name only back in 2013 of the amount of $2000. He currently owned about $1600 when he got laid off from ha job and we couldn't make monthly payments on the matress. He received an offer to settle for $1000 and change and once he replied to this offer back in 2014, he learned his case was then transferred to this lawyer company and then that back in 2014, the lawyer did not want to settle for the amount that the furniture store had proposed and he was being charged $3500 for the matress. My husband was willing to return such property but he was denied of doing so. Once the case was transferred to this lawyer, my husband was very honest explaining the circumstances that led to the debt. We have a 8 years daughter who had bone cancer, chemotherapy, and on top of being laid off from his job we had medical obligations towards our daughter 's health. The matress was an orthopedic one purchased for her to help easy her pain after she had lost her left femur due to bone cancer.
Those lawyer never informed us of a such lawsuit and writ to garnish his wages. They have been sending mails to an old address which was not even certified or signature required. We never got such mails.
Now come to my concern that those people might be able to garnish my wages and my daughter 's SSI, we both have no relationship with the furniture company. We didn't purchased the matress, my husband did on his name.
Now, also come into my concern, that my husband has been 10 months unemployed, and he was the head of the household, not only income wise but healthcare insurance wise to provide the proper care for a cancer survivor child.
My husband has an extensive history of being medical claims adjuster, and we could never understand why, he still didn't receive any job offer. But after, doing such a public search and finding out that his name has been dirty by such companies, now we believe that this might be one reason why he has been still unemployed.
Me, on the other hand have been hospitalized many times due to stress chest pain and I can prove all that.
My questions; 1) can they garnish my husband wages ( even though he doesn't have one), but he does have a joint checking account, so pretty much; Can they garnish my wages( I was not involved in the purchased), and my daughter 's SSI?
2) should we remove my husband from our bank account?
3) can we back sue the company for not providing legal documentation to us, harassment, life threating chest pain, involvement in the care of our daughter who is disable and was getting medical treatment (chemotherapy). And for them to be one of the reasons why my husband can not get a job?
3) I recognized that we were in fault with tre furniture people by had stop making monthly payments. But the company lawyer didn't want to settle for the amount that was proposed, and health issues ( death and life circumstances- like cancer and medical treatments) takes priority over paying for a matress.
What should we do? I am so overwhelmed by the "news of the lawsuit " and the fact that my husband had discussed with the lawyer about a monthly payment but he still would own $3500, and after he lost his job this second time around, we didn't have money for rent, food and such, and we ended up moving. The last thing in our mind was to contact such people to provide them with new address or contact information.
Submitted: 1 year ago.
Category: Consumer Protection Law
Customer: replied 1 year ago.
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Expert:  Phillips Esq. replied 1 year ago.
My questions; 1) can they garnish my husband wages ( even though he doesn't have one), but he does have a joint checking account, so pretty much; Can they garnish my wages( I was not involved in the purchased), and my daughter 's SSI? Response 1: The answer is NO, your wages or your husband's wages cannot be garnished. See Florida Statutes Section 222.11. Also your daughter's SSI is 100% exempt from garnishment. In addition, the debt is not hers. http://www.flsenate.gov/Laws/Statutes/2015/Chapter2222) should we remove my husband from our bank account? Response 2: Yes, you should to avoid any complications. 3) can we back sue the company for not providing legal documentation to us, harassment, life threating chest pain, involvement in the care of our daughter who is disable and was getting medical treatment (chemotherapy). And for them to be one of the reasons why my husband can not get a job? Response 3: If you did not receive a notice of the lawsuit, you should file Motion with the Court to Vacate the Default Judgment. You cannot file lawsuit "for them to be one of the reasons why my husband can not get a job?" because you do not have the proof that is infact the case. 3) I recognized that we were in fault with tre furniture people by had stop making monthly payments. But the company lawyer didn't want to settle for the amount that was proposed, and health issues ( death and life circumstances- like cancer and medical treatments) takes priority over paying for a matress. What should we do? I am so overwhelmed by the "news of the lawsuit " and the fact that my husband had discussed with the lawyer about a monthly payment but he still would own $3500, and after he lost his job this second time around, we didn't have money for rent, food and such, and we ended up moving. The last thing in our mind was to contact such people to provide them with new address or contact information. Response 3: If you did not receive a notice of the lawsuit, the best course of action is to file Motion to Vacate the Default Judgment. Kindly give a positive rating to my post so that I can receive credit for answering your question—so that part of the deposit that you already paid to the site can be transferred to me. You are not charged extra for doing this. Thank you for your cooperation.