Can a credit card company seize my rental property to satisfy a judgment? I live in Florida.
A credit card company has gotten a judgment against me I have a rental property that helps pay my mortgage and other bills can they seize the property and sell it or can they just put a lien on it. I live in the state of Florida.
The short answer to your questions is yes, if a creditor receives a judgment from a Florida court (or a Florida court domesticates another state's judgment), the creditor can either ask the court to attach the judgment-debtor's property, or place a lien on it. A creditor may not seize a judgment-debtor's residence under Florida law.
See the Bills.com resource Florida Collection Laws to gain an understanding of Florida's rules for creditors, and the rights of debtors.
It is unlikely, however, that a credit card company would seize real property for an unsecured debt purely from a public relations standpoint. However, there is no legal prohibition from it doing so on an investment property.
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Did you know?
Debt is used to buy a home, pay for bills, buy a car, or pay for a college education. According to the NY Federal Reserve total household debt as of Q2 2022 was $16.15 trillion. Auto loan debt was $1.50 trillion and credit card was $0.89 trillion.
According to data gathered by Urban.org from a sample of credit reports, about 26% of people in the US have some kind of debt in collections. The median debt in collections is $1,739. Student loans and auto loans are common types of debt. Of people holding student debt, approximately 8% had student loans in collections. The national Auto/Retail debt delinquency rate was 4%.
Collection and delinquency rates vary by state. For example, in Florida, 13% have student loan debt. Of those holding student loan debt, 9% are in default. Auto/retail loan delinquency rate is 4%.
While many households can comfortably pay off their debt, it is clear that many people are struggling with debt. Make sure that you analyze your situation and find the best debt payoff solutions to match your situation.