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TJ, Esq.
TJ, Esq., Attorney
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WHAT DOES A SUMMARY JUDGEMENT DO MY WIFE AND I DO NOT ...

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WHAT DOES A SUMMARY JUDGEMENT DO ? MY WIFE AND I DO NOT OWN ANY ASSESTS, do not Have any life insurance. live with my daughter six months and son six months.
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 6 years ago.

Hello and thank you for allowing me to address your legal question.

In order to understand the term “summary judgment,” you must first understand that the point of a trial is to determine the facts of a case. For example, if you sue me for breach of contract, and I deny that I breached a contract, then the purpose of the trial would be to determine whether I breached a contract. Once that is determined, then the judge can make a decision to award damages (if there was a breach), or no damages (if there was no breach). However, if there is no dispute that I breached a contract (for example, if I admit it), then there is no point in having a trial; a judge can simply make a determination as to damages right away. So, the judge can make an immediate decision in a lawsuit when there are no disputed facts of material importance. When this happens, the judgment is called a “summary judgment.”

If a summary judgment has been given against you, then it has all the weight of an ordinary judgment obtained at the conclusion of a trial. The person with the summary judgment may enforce it by attempting to garnish your wages or bank account, or by selling your real estate or personal property. The specific methods available to collect on a judgment are determined by state law, so they vary depending on where you live (you didn’t mention your state). That said, you state that you have no assets. If you also have no income, then it is unlikely that the person with the judgment can do much against you to collect.

Did I answer your general question? If you have more specific info, I may be able to provide more insight.

If the information that I provided was helpful, please remember to ACCEPT my post as that is the only way I will receive credit and compensation for my answer. Thank you and good luck!

DISCLAIMER: Please understand that the complexities of most legal problems cannot be sufficiently addressed in this setting. Accordingly, my post is intended as general information only, and should neither be construed as specific legal advice, nor as an adequate substitute for the retention of legal counsel.

Customer: replied 6 years ago.
WE LIVE IN FLORIDA. I HAVE STARTED WORKING AGAIN AS A SECURITY GUARD. CAN THEY ATTACH NY WAGES OF 421.00 PER WEEK OR MY CHECKING ACCOUNT OF APPROXIMATELY 5000.00
Expert:  TJ, Esq. replied 6 years ago.

Thanks for returning with more info. In Florida, the following law applies to wage garnishment:

222.11 Exemption of wages from garnishment.--

(2)(a) All of the disposable earnings of a head of family whose disposable earnings are less than or equal to $500 a week are exempt from attachment or garnishment.

(3) Earnings that are exempt under subsection (2) and are credited or deposited in any financial institution are exempt from attachment or garnishment for 6 months after the earnings are received by the financial institution if the funds can be traced and properly identified as earnings. Commingling of earnings with other funds does not by itself defeat the ability of a head of family to trace earnings.

Since your earnings are only $421 per week, your wages are totally exempt from garnishment. Further, the funds are exempt for 6 months after they are deposited in a bank account. However, if the $5000 in your checking account cannot be traced to exempt wages, then it is open to being garnished by the creditor.

I hope I’ve been helpful. Please remember to accept my post. Thank you!

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TJ, Esq.
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JD, MBA