Can they lien?

[clarkkentski]

I just received a letter from a collections attorney demanding 5,800$ for a truck that i turned back in a couple of years ago that i could not afford.After i turned it in they wanted 3,000$ .I guess the difference of what they actioned it for and what i owed,well i didnt have that either So now out of the blue comes this letter.Im guessing there going to sue me,so if they do and win can they file a lien on my house? which is jointly owned by my wife and i . We were married when i bought the truck, thou i put it in my name only. I live in Florida which is a TBE state whatever that means,anyway thanks for hearing me out any and all advice would be greatly appreciated

 

[Duranie]

Any property or accounts that you own whether jointly or not, are subject to lein. They certainly have the right to try to recover what you owe. Once they get a judgement against you, they can try to collect it.

 

[clarkkentski]

well actually Duranie after searching the net i found this Florida Post-Judgment Asset Exemptions


Homestead: Real property including mobile home to unlimited value. Property cannot exceed 1/2-acre in municipality or 160 contiguous acres elsewhere. Property held as tenancy by the entirety may be exempt against the debts owed by only one spouse

Pensions and Retirement Benefits: ERISA-qualified benefits. Funds exempted for various public employees' retirement systems, along with profit-sharing benefits necessary for support. IRA exemptions for conventional, Roth, SEP and SIMPLE plans.

Insurance: Annuity contract proceeds. Death benefits payable to a specific beneficiary not the deceased's estate. Disability or illness benefits. Cash surrender value of life insurance. Fraternal society benefits.

Personal Property: All prescribed health aids for debtor/dependents and $1,000 in any other personal property exempt. One motor vehicle up to $1,000.

Tools of Trade: None.

Miscellaneous: Business partnership property. Alimony. Child support. Prescribed health aids.

Wages: 100% exempt for head of household. However, head of household may sign waiver that allows garnishment of wages in excess of $500 per week. Wages of others exempt in accordance with the federal standard (see the introduction to these tables). Also exempt are 6 months of wages paid and deposited in a bank account.

Public Benefits: Workers' compensation. Unemployment compensation. Veteran's benefits. Crime victim's compensation. Public assistance. Social Security. Alimony, support and separate maintenance to extent reasonably necessary to support debtor and dependents.
So it seems that they cant touch my house, which is homesteaded or 6 months worth of pay in the bank,
Thanks anyway