Skip to main content

Can someone I owe money to take me to small claims court and get a lien against my house if there is no written agreement?

Port Saint Lucie, FL |

Amount $3000. I have paid over $1100 and have been paying $40 a month. Recently this person demanded that I pay in full, which I have no ability to do.

+ Read More

Attorney answers 2

Posted

In Florida, your homestead is protected against execution by judgment creditors.

This response does not create an attorney-client relationship. Unless you are already a client of the Mallory Law Group, pursuant to an executed employment agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Earl K. Mallory ekmlaw@bellsouth.net (561)743-3708.

Asker

Posted

Thank you very much! That is as I thought.

Posted

You need to speak to an attorney to discuss the particulars. But if you have been paying (and the creditor has been accepting) $40.00 per month on a regular basis, without a written contract, the creditor may be stuck with that arrangement based on the established pattern.

Again, you need to speak with an attorney that represents debtors.

Good luck to you.

Asker

Posted

Thank you for that answer. The creditor has been cashing my checks.