Bank has entered a motion for summary judgment on remaining loan debt of repossessed car. I am on Social Security Disability (sole income) and cannot afford to pay a judgment. I have no assets and receive public housing assistance as well as food stamps. I informed creditor of this in my answer but they are still pursuing judgment. Can they garnish my benefits or levy my bank account?
Because of the way garnishment works in FL, yes they can. You may have exemptions and be able to effectively exempt the funds, but the garnishment can still happen as a matter of procedure. Note that they cannot directly intercept the funds, buy may garnish the depositing bank account.
An attorney can assist you in making your exemptions known to the creditor before such action is taken.
The disability funds are exempt but that requires that you assert that defense if the bank takes a garnishment action against a bank account. Consult a debt collection attorney to review.
My colleagues are correct. You must assert the exemption. The court will set a hearing and you will need to provide the court with evidence that the funds in the bank account are exemption. You would have received a claim of exemption form when you received the final judgment in the mail. You must submit this to the court and follow up to ensure the hearing is set.
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