Court Hearing

[swell922]

What is the name of your state (only U.S. law)? Florida

I have been out of work for over a year. Consequently my husband and I have not been able to keep up with our unsecured (credit card) debt. We have a first mortgage that is up to date, although there are some unpaid late fees. We have a 2nd mortgage that we are paying on but are currently about a month and a half behind on. Our total income right now is just under $3600 per month. Our bills (utilities, car, ins, mtg) equal $2900. That leaves us a little under $700 a month for gas, food and clothes for our 3 kids. Which never seems to be enough.

We have a pre-trial hearing coming up for one of the credit cards that we stopped paying on. I've read things on this forum about wage garnishment. Is that an option in Florida and if so, how much can/will they take?

Thanks.

 

[TinkerBelleLuvr]

One of your paychecks can be protected from garnishments as long as you file the necessary paperwork declaring that you are head of household, with the children as dependents. The other paycheck is subject to garnishment for 25% after allowable deductions.

 

[swell922]

My only source of income is unemployment that I just read on this site is not subject to garnishment. Does that mean they can take 25% of my husband's check? or do they take our bills into consideration, and would take the garnishment from what is left over? Does me being on unemployment mean he can't claim head-of-household?

Thanks again for the help.