Expert: Creditwrench - 12/23/2008

Question
QUESTION: about 10-years ago my husband became ill while traveling in NY.state was admitted to a hospital.After treatment returned to Fla.Talked with rep.about the bill because we could not afford to pay. was told to show proof that he had applied in Fla for disability and was denied that the bill would be written off,which I did.A few years later start recieving certified mail from a debt collector attorney stating that they had went to Supreme Court and won against him.They send certified mail with a questionaire to be filled out and returned.Now they have turn this over to a Collection lawyer in Fla.The Lawyer in Fla has filed in the local court where we live for a recording of foreign judgement.What can we do?





ANSWER: Your husband is head of household in Florida so they can't garnish wages. Just be sure you don't have any money in bank accounts. If he is paid by EFT direct to your bank then have his employer pay in paper checks. If he is on disability pension then that won't be a problem so long as he is the only person on the account and no money from any other source is ever deposited in that account. If you do those things they will have a tough time indeed collecting.

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QUESTION: Yes he is head of household.His social security check is being direct deposit into my savin account. Since they are not suing me can I close out my account and re-open in my name only? Thanks again for the information I have recieved.

ANSWER: No, have him open his own account and keep your name off of it. If for some reason you are the administrator of his funds that may change it somehow. That would depend on SS rules.


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QUESTION: Had a  subpoena with restraining notice given last year 12-10-07 that forbids my husband for a period of 1yr to not transfer any property he had interest in. 1 year was 12-10-08 on 12-19-08 he received the foreign judgement notice .Will we  be able  to file a quitclaim deed without him being charged with contempt of court?really doesn't understand .

Answer
Seems to me that the foreign judgment might just be outside of Fla. Statute of limitations. Judgments have statute of limitations just like debts or most other things do. If the sol has run out on the judgment then the court can't grant them the judgment in Fla. I don't know what the law says about that in Florida but that's not hard to find out. Go to www.lawdog.com and you can get that information there.