[tanddcain]

[F]

Hi. My husband received a summons to appear in court for a long overdue credit card bill from Household Bank that went to a collection agency. We have been researching online about what they can do to collect on the account, and we aren't having much luck. I understand that by Florida law if he is the head of household, they cannot garnish wages if he makes less than $500 a week and/or makes more than 50% of the net income. He makes less than $500 and almost 95% of the family income. However, can they take the car? It's a 2003 Kia, and in fair condition. It's the only transportation we have. And how does he go about letting the court know that he is the head of household? We are so confused and worried!

[George_1950]

It sounds as though the credit card lender does not yet have a judgement. When it does get a judgement, the judgement becomes a lien against all of your husband's property, including the Kia if he owns it. He could transfer ownership to you; or he could borrow $500, pledging the Kia to the lender, thereby establishing a lien against the car, which will deter most creditors from seizing the vehicle. Seasoned lien holders can recognize a lot of these strategies and have ways of pursuing aggressive action; then again, some don't. Maybe you should look into a payment plan.