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    steph4066's Avatar
    steph4066 Posts: 2, Reputation: 1
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    #1

    Feb 26, 2007, 06:55 AM
    Mbna creditor debt
    Hi, my husband had a credit card through MBNA about 5 years ago, he was in an accident and used the card to pay his bill at the time. Then he let the card go and did not make payments, mostly because we have 3 kids and the economy in Michigan was bad so was hard to make ends meet! Anyway, the card was sold to a lawyer... I believe CAVC... but the attorney is in Michigan... SIMS. At the time, when they started to try to collect the Debt... we lived in Michigan, but have moved to Florida sense then. We have spoken to the Lawyers a few time, trying to somehow work out payment. In the mean time, if we can't at this time pay the money, and no agrangements have been made, they have taken us to court... with out us there and where able to get our state tax return (MI), which is no big deal, and put a lien on our property... if we had some, we don't, we sold our home in Michigan before this, and we rent here in Florida. My Question is what else can they go for? Can they garnish my husbands wages? Bank accounts? Or anything? My husband is getting money in a few months from his annuity and plan to pay it off with that? But in the mean time what rights do they have to take from us? We owe around $5000 , I'm just worried they may go after his wages, and we are just making ends meet right now, not sure if we could handle the wage garnishment or worse. And our bank accounts, I have one and we also have a joint account? Any help please? Thanks so much for your time!
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Feb 26, 2007, 10:01 AM
    Hello steph:

    Florida Statutes §222.11 offers a significant exemption to wage garnishment known as the "head of family" exemption. So, his income is safe.

    However, once it's in the bank, they'll get it. Bank accounts are vulnerable. ANY account you have is vulnerable. If they find the annuity first, they might get that.

    excon

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