Debt Problema
I am a resident of Safety Harbor Florida. In 2004 I applied for Social Security disability and did not receive a favorable judgement until October 2006. During the mean time my Wife and I were forced to borrow heavily off of our credit cards in order to purchase food, medicine, etc. We are now separated and she is living in Ohio and is also now on Social Security Disability. Most of the credit cards were in my name and my monthly income is less than $900 per month. Now the debt collectors are after me to repay the credit card debts which is impossible with my low monthly income. The only assets I currently own are a mobile home and 2 automobiles. These are all owned jointly between me and my wife and she has one of the vehicles in Ohio. I cashed in my life insurance policies over 2 years ago to help pay bills. I have no IRA's, 401K's, private pension plans or any other assets. Can the debt collectors confiscate either my trailer or automobile [ a 2003 Chevrolet Cavalier]?
Re: Debt Problema
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Your mobile home/trailer is safe from creditors if it is your legal homestead. It cannot be attached in any fashion. Your car might be able to be seized by the sheriff and auctioned to payoff your creditors, however. You may wish to consult a local attorney to discuss your options.
Scott R. Jay, Esq.
