Posted on April 25, 2009 at 11:45 am I have been reading and hearing conflicting stories about credit card companies going after debtors in Florida. If your home is homesteaded they cannot do anything, but there are mixed reviews whether they can put a lien on your home. One para-legal says no, another says yes. One says they can seize assets, another says no. Remember this is Florida, a debt-forgiveness state. I am unfortunately one that has accrued credit card debt, and cannot dig out of the hole. I was also told credit card companies can freeze your bank accout. Anyone out there with any knowledge of Florida?

Posted on May 5, 2009 at 5:38 pm I need to begin by stating that I am not an attorney, and the following response does not constitute legal advice. However, it is my understanding that in Florida, the debtors primary residence is protected and creditors may not levy said property. Keep in mind, for a debtor to qualify for homestead protection, they must be a permanent Florida resident. "Primary residence" includes homes, condominiums, and mobile homes as well. If the title of the property is under a the name of a corporation, LLC, partnership or irrevocable trust said property is not protected.  

Posted on May 18, 2009 at 4:50 pm QBama2009- thank you for the information. I would also like to add that in Florida, as long as the debtor has filed a Head of Household Exemption (the debtor is the primary provider for 1 or more dependents), their wages are also protected from garnishment. As a result, Florida is considered one of the more favorable states to live in for debtors attempting to settle their debts, as they receive better legal protection from their unsecured creditors.

Posted on May 18, 2009 at 4:53 pm To clarify- I meant that the state laws in Florida protect the debtor on a greater level than most states in the US. The legal protection does not come from the actual creditor of course! Sorry for any confusion!

Posted on May 18, 2009 at 11:23 pm Hey Bklyn, have you considered filling out an application for a free debt consultation on the stie?  There are options that can help you pay this off before it ever gets to the point where you're going to court.  Also, in terms of the checking account, my understanding is that as long as your wages are protected (from being head of household for example), then a creditor cannot freeze the account.  A couple other points to keep in mind: 1) If you bank with your creditor, then this does not apply.  They can freeze any accounts you have with them under their "right of offset" which is included in most credit card contracts.  They don't even need to go to court to do this. 2) If your checking account is in both yours and your spouse's name and the debt is only in your name, then the creditor cannot freeze your checking account.  This is protected in Florida by tenancy by the entirety.  This is just my understanding.  I'm not an attorney and you should definitely not consider this legal advice.