preventing wage / account garnishment

[jturk]

so it looks like i do not have a strong case against the creditor & they will win the ap. that being said, im ok with that, my question is, is there any way to prevent / stop them from garnishing my wages / accounts?

i live in tampa fl 33604 (dont know if that helps you know what district im in)

[HHM]

Yes, settle the case and as part of the settlement agree to a voluntary repayment plan.

[jturk]

reply

Yes, settle the case and as part of the settlement agree to a voluntary repayment plan.

thanks man youve been helpful answering my questions, but let me re phrase.
im asking hypothetically, if i dont settle & they win the ap, is there anything i can do to stop them from garnishing?

[MSbklawyer]

is there anything i can do to stop them from garnishing?

Doesn't Florida law protect wages from garnishment if you're head of a household? http://www.bcsalliance.com/debt1_florida.html What's that you say? You're single? Not head of any household? Well, you were just looking for the right time to lay out 10Gs on an engagement ring anyway, right? It's either give it to her or give it to them. Those are your choices.

[jturk]

reply

Doesn't Florida law protect wages from garnishment if you're head of a household? http://www.bcsalliance.com/debt1_florida.html What's that you say? You're single? Not head of any household? Well, you were just looking for the right time to lay out 10Gs on an engagement ring anyway, right? It's either give it to her or give it to them. Those are your choices.

well im single, not married, do you have to be married to be considered head of household?
also i like your disclaimer.

[MSbklawyer]

well im single, not married, do you have to be married to be considered head of household?
also i like your disclaimer.

Thank you.

That's a question of Florida law that I don't know the answer to. But I would think that there would have to be somebody besides you. One doesn't make a 'household'. Now, would living with your S/O unmarried be enough? That would be a good question for your Florida lawyer.

[MSbklawyer]

Here's your answer:

Living together without the benefit of marriage is a crime in Florida:

798.02 Lewd and lascivious behavior.--If any man and woman, not being married to each other, lewdly and lasciviously associate and cohabit together, or if any man or woman, married or unmarried, engages in open and gross lewdness and lascivious behavior, they shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

So you can't form your household that way. Looks like you'll be buying that rock after all.

Personally, I think you should get her this one:

http://www.overstock.com/Jewelry-Watches/18k-Gold-2-3-4ct-TDW-Certified-Diamond-Engagement-Ring-G-H-VS-Size-7/4463170/product.html

18k gold -- none of that 14k or worse 10k stuff for this girl. See those little retangular diamonds off to the side of the main stone? Those are called baguettes. All your first class engagement rings have baguettes on them.

And all for only $9999.99. See, I saved you some money. You thought you'd be spending 10Gs. She's worth it, right? After all, without her, your wages will be garnished.

[tigergem]

Florida also does not recognize registered Texas common law marriages. In case you needed to know that.

[MSbklawyer]

Florida also does not recognize registered Texas common law marriages. In case you needed to know that.

Seriously? If a couple is legally married in Texas via the common law procedure recognized there and then move to Florida 10 years later, they are not recognized as married? I would have thought that Florida would be required to recognize it on the Full Faith and Credit clause of the U.S. Constitution.

That could make for some very interesting issues for such a couple:

Suppose one of them dies without leaving a will, is his/her 'spouse' going to inherit anything? Or is the survivor going to be treated merely as a boy/girl friend?

Suppose they have kids. Are the kids illegitimate when they cross the Florida state line? Would they be entitled to inherit anything from their 'father'?

Suppose one of them has an affair. Has he/she committed adultery? Could the other 'spouse' get a divorce on account of it?

Suppose one spouse lives in Florida and one spouse lives in Texas. Is the Texas spouse married but the Florida spouse single? If so, to whom is the Texas spouse married?

Wow, this sounds like a law school exam question looking for a place to happen.

[tigergem]

I dunno the ins and outs the wheres and whyfores and herebys of it. I just know what I know from been there done that. And only for a minute, I promise. I wasn't in Florida very long. It's a stange planet. Like California, almost.

No offense meant to anybody who lives in either place, but y'all got some strange customs that I just couldn't abide.