What can I do to avoid wage garnishment on a credit card judgment?

[Krista7457]

What is the name of your state? FLORIDA
My husband became chronically ill about a year and a half ago. Medications, doctor bills and hospital bills have consumed our financial life. Due to the medical expenses we had to make a hard choice to stop paying credit card bills altogether until our situation somehow changes. At that time the credit card companies were unwilling to work with us. I was just served with court papers from a credit card company seeking a judgment on a $3000 credit card debt. I intend on responding and cooperating with all court hearings. If a judgment is granted and my wages are garnished, my husbands medical needs will not be met.
What can I do to avoid wage garnishment, if any.

 

[adjusterjack]

You might qualify for head of the family exemption from wage garnishment.

Read the statute:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0222/Sections/0222.11.html

Here are instructions and the form for filing the exemption:

http://www.lsgmi.org/downloads/StoppingAFloridaGarnishment.pdf

You'll need to file for the exemption as soon as the court enters the judgment.

If you don't qualify for head of the family, consider bankruptcy. If you have to consider bankruptcy, do it fast.

 

[Just Blue]

Px Hx.

 

[adjusterjack]

Px Hx.

I know. There's only one other thread and it's not about credit card debt.

 

[quincy]

What is the name of your state? FLORIDA
My husband became chronically ill about a year and a half ago. Medications, doctor bills and hospital bills have consumed our financial life. Due to the medical expenses we had to make a hard choice to stop paying credit card bills altogether until our situation somehow changes. At that time the credit card companies were unwilling to work with us. I was just served with court papers from a credit card company seeking a judgment on a $3000 credit card debt. I intend on responding and cooperating with all court hearings. If a judgment is granted and my wages are garnished, my husbands medical needs will not be met.
What can I do to avoid wage garnishment, if any.

Adjusterjack provided you with good information should a judgment be entered against you - but you might want to try to avoid a judgment.

You can try negotiating pretrial with the creditor to get a payment that is low enough to keep you from a judgment. If you let the creditor know you are considering bankruptcy due to medical debt, this might make them more willing to negotiate. A bankruptcy can wipe out the credit card debt entirely and the creditor knows he then will receive nothing.

There is a "sticky note" at the top of this forum on negotiating. It was written by a former debt collector who is now an attorney. It has some good tips.

Medical debts continue to be the major reason why people file for bankruptcy. The timing of a bankruptcy can be important, though, especially if medical bills are expected to be an ongoing expense.

Good luck.

 

[Just Blue]

I know. There's only one other thread and it's not about credit card debt.