recieved summons from credit card company what legal rights do I have

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recieved summons from credit card company what legal rights do I have

owe @5000 no means to pay can wages be garnished every penny accounted for everyday living

Asked on June 18, 2009 under Bankruptcy Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

IN FL, up to 25% of your wages can be garnished, though only by court order--i.e. after the credit card company and/or their collection agency wins a lawsuit, then files for garnishment. There is an exception--you wages cannot be garnished if you are the head of a household and provide economic support to a child or other dependent. This link may provide more information:

http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0077/SEC041.HTM&Title=->2008->Ch0077->Section%20041#0077.041

Your best bet is to negotiate some settlement with the credit card company--can you reduce living expenses by $3 a day ($21 a week) and arrange to pay at least $80 a month? Credit card companies want their money, but they also are realistic, and they'd rather get paid something or slowly than have to go to the cost of a lawsuit.

If you can't negotiate a settlement you can live with and you have little income and few assets, then bankruptcy is a real option. It will hurt your credit rating, but so does defaulting on a debt; and bankruptcy will at least reduce, if not wipe out, your debt. You should get a consultation with a bankruptcy attorney, if you can find one who will give you a free consultation, explain your situation in detail, and explore your options.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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