Can Creditors Take My Benefits and Assets?

Question

I'm aware that creditors can place lawsuits for not paying them, they can also garnish paychecks in an attempt to recover the debt.
But can the creditors seize homes or cars that have been fully paid in an attempt to collect debt?
I live in Florida, anyhow, how frequent are these cases? Does anyone know someone who it's happened to personally.

Answer 1

They CANNOT take your primary residence or your Car (Assuming the debt is not for the house or car)

Florida is a Debtors Haven, you entire residence is free

Answer 2

They can not take your residence, or the primary vehicle(s) you or your spouse if you have one use to go to and from employment. Rental property, (if paid for), not retirement benefits, bank accounts (only half if someone else also is on the account), Death benefits are safe also. Household furnishings, and jewelry are also free from creditors, unless they are used to secure such loans or financing.

First the creditor has to get a judgment in court. Then he has to take you back to court to ask the court to order you to reveal your assets (if you leave assets out, then the judge can opt to take them for the money owed if they other party finds out about it), Then usually the judge will set up a payment plan or a wage garnishment to settle the debt. Hope this helps.

Answer 3

I work across the street from The Chase headquarters... why I'm telling you this is because I know tons of people whom work for Chase as bill collectors. They are pretty much allowed to threaten you with just about anything... & they pretty much will do anything to convince you to pay a debt ASAP... they'll even recommend you put your grandma to work on the corner if that's what it takes to pay off the debt, but the bottomline is unless your house or car were used as collateral when obtaining the line of credit than they DO NOT have the legal right to place a lien or reposess your personal belongings. They can take you to court & typically a judge will just place you on a payment plan... but even then unless you owe tons of money they'll probably harrass you for years, but eventually they'll charge off the debt. You can go back to sleeping at night again.

Answer 4

Only the tax man (or, DEA) can seize your stuff. Falling behind on child support will get your pay garnished. Creditors can only pester you and make idle threats.

Answer 5

When you sign for a credit card, you basically sign an agreement that you promise to pay them back the money you borrowed. In the event you do not pay they can take you to court and sue you, anything that is in your name they can sue you for, I know because it almost happened to me, but I am in a Debt Settlement Company and they are helping me to get out of debt.
Good luck.

Answer 6

You got some pretty good answers so far.

But, you need to be aware that there are two types of homestead exemptions.
One is the exemption you file for your property taxes.
The other is one that you file to protect your home from judgements.

You have to file for both if you want to be covered under both. Filing for one "will not" automatically file you for the other.

Go to the link I've provided and you will find what you need to file for the homestead exemption for judgments.

Answer 7

Credit card debt, no they can't touch your property. Back taxes due, yes they can. child support probably yes.
see a lawyer for your type of debt...good luck

Answer 8

You will be better off if you just pay your bills and that way you will not find out what all they can do.

Answer 9

no they can threaten but only a judge can take anything or place a lien. that's if they take you to court witch they wont.