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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 3576
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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Have judgment against sons x girlfriend over vehicle theft.

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Have judgment against son's x girlfriend over vehicle theft. She altered title at tag office removing son and husband's name off title. Husband & I were financing the vehicle but his name on title. Son paid for his portion of the van. Girlfriend split, made a few payments but we have judgment against her. Affidavit of Default in Payment. How effective is a Writ of Execution? She's single mother, lives with numerous boyfriends for brief times doesn't own property. Do we file at the court house? Does a judge sign it? What are our changes of pressuring her to pay. Can't garnish her wages since a single mom? Can her income , bank records be brought forward and be forced to pay ? Such a thief !
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 1 year ago.

LegalGems :

Hi! LegalGems here. I have extensive consumer law experience and will use this to assist you with your issue today. I am sorry to hear of this. I am glad you have obtained a judgment. A writ of execution is quite effective,but I'm not clear as to whether you currently have a writ, or if you need to obtain one?

Customer:

Need to obtain. I called court house and they won't give me information on what to do with it. Told me to write a letter that girlfriend's not paid.

Customer:

I said so you don't know what I should do after it's handed to me?

Customer:

I'm just baffled !!!

Customer:

This same girlfriend drives this van when we have custody exchange every wkend. What an "in your face!"

Customer:

She's quite a gal. Cleaned out x husband's bank acct when she left, too

LegalGems :

Before proceeding, do you know if she's judgment proof? The reason I am asking is because often times a party will successfully obtain a judgment; but then they spend quite a bit of money to execute the judgment, only to find out the party is judgment proof (no assets). Let me get you the proper procedure. This will depend on the court involved. Was this small claims or general civil?

LegalGems :

OH!

Customer:

She doesn't own any property. She's a server at Chili's and claims going to school to be --- get this wants to be a lawyer by the time she is 40. She will be 30 in December.

Customer:

it's a civil division case #XXXXX

Customer:

judge said we filed in wrong court because if different court, would have given us the van back immediately. all he could do was make her do payments. she dribbled some but hasn't paid more. such in your face .

Customer:

can't they make her show bank records that she does have income, she's single mom, has food stamps, lives with a loser guy who has some kind of income.

Customer:

oh dear how did my son ever meet up with this woman. Thank God he's married now nearly 3 years and all is well.

LegalGems :

Oh I see, a single woman. Let me see if you can get a wage garnishment. There are protections against Head of Households, and from the sounds of it she's minimum wage - this could be a problem. Yes, what the judge is referring to is an order for her to return the property - an injunction. (And sons - and daughters- don't always make the right choices but at least he's on the right track now). Let me get you that information on garnishment.

Customer:

thankyou

LegalGems :

Here are the rules re: garnishment. http://www.dol.gov/whd/regs/compliance/whdfs30.pdf I have a feeling she won't make adequate money. However, if she does have money in the bank, this can be levied.

LegalGems :

You mention it was civil - can I get the amount of the judgment so I can verify the proper court? I'm thinking small claims?

Customer:

So I should maybe try the writ of execution?

Customer:

Once paperwork is filled out, then what do I do with it? Does a judge sign off or ?

LegalGems :

Only if there's money to be had. Depending on the court, you can send her some forms to determine her assets. That way you know if it's worth it.

Customer:

They wouldn't give info over phone. Said I needed to research it . Isn't that what our tax dollars are to get some answers from the court house?At least what to then do with the paperowrk?

LegalGems :

The writ needs to be put before the judge. I can get you that information - but I would really need to know the title of the court.

LegalGems :

And yes, they should at least get you the packet of forms you need - they aren't allowed to give advice.

Customer:

she always gets a hefty tax return. Thousands. Must be nice! We the tax payer support her !

Customer:

On the paper work it says in the county court of polk county, florida civil division cse No.

Customer:

for the judgment.

LegalGems :

That is good to hear; and she presumably puts that into the bank (unless she's one of those that spends it before she gets it). OK so it's not small claims. A few moments please.

Customer:

replevin?

LegalGems :

I'm sorry,- can you please clarify that last statement?

Customer:

maybe Replevin court?

LegalGems :

That's OK: I've got the statute - their website is very slow.

Customer:

k

LegalGems :

Oh no; this will cost you additional money - more than $100. Please see: http://www.leeclerk.org/index.asp?Type=B_BASIC&SEC={1BA72C4F-2312-4E80-A031-F7EC9F93DBF6}&DE={BAE00259-3256-4234-B8A6-D8ED91F0C925} Have you tried sending a demand letter stating that she needs to pay by X date or you will enforce the judgment via garnishment, writ etc, requesting to add your legal costs on to the amount of the judgment? This may avoid the hassle/expense. You do have some time, as judgments are renewable before they expire.

Customer:

Ok,thanks . We've not sent a letter yet. We'll start there.

Customer:

Appreciate all your help. Thank you.

LegalGems, Lawyer
Satisfied Customers: 3576
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
LegalGems and 6 other Consumer Protection Law Specialists are ready to help you
Expert:  LegalGems replied 1 year ago.
I wanted to be sure and thank you for using JA/Pearl.

I hope you found the information I provided useful.
Hopefully the letter works as that will save you a huge hassle. Maybe a payment plan now that you have a judgment..
If you would like to request me for your future legal inquires, please put TO LEGAL GEMS in front of the question, and I will do my best!
Take care.

Please be sure and complete the customer satisfaction survey the site will be sending you so that I can continue to provide affordable information to our customers. Thank you!
Customer: replied 1 year ago.

Thank you so much !


 

Expert:  LegalGems replied 1 year ago.
You are very welcome. Glad to have helped. Feel free to request me in the future by putting To Legal Gems in front of the question and I'll do my best to assist!
Thanks.
Customer: replied 1 year ago.

We know she receives a hefty tax return every January or February. Earned income, etc. Sometimes over $4,000. So she does have money then. If this goes before a judge, could they order her to pay. The van amount is just under $3,000.

Expert:  LegalGems replied 1 year ago.
They would tell you to get a garnishment order unfortunately. That's the shame of our legal system; once the plaintiff goes through the headache/cost of securing a judgment, the onus is still on the plaintiff to pursue collection - the plaintiff in essence becomes a creditor, a role they did not voluntarily sign up for. So this is a whole separate process, unfortunately.

WRIT OF GARNISHMENT: If there is no real or personal property to be seized under a Writ of Execution, look to see if the defendant has property in another's possession. If a third person owes the defendant money or has the defendant's property in his possession or if there is a bank account in the defendant's name, you may file a Writ of Garnishment against that person or the bank. To do this you will need to deposit with the Clerk of Court $103.00 for garnishee's attorney fees plus an additional $85.00 for the Clerk's filing fee in each individual case. Effective July 1, 2000 Florida Statute 77.041 requires a "Notice to Defendant" and "Claim of Exemption and Notice of Hearing" form attached to all Writs of Garnishments. This section requires the plaintiff to mail a "Notice" and "Claim of Exemption" along with a copy of the Motion for Writ and Writ of Garnishment to the defendant and requires the plaintiff to file a certificate as proof of such service. The garnishee will, of course, have a chance to answer the Writ.
LegalGems, Lawyer
Satisfied Customers: 3576
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
LegalGems and 6 other Consumer Protection Law Specialists are ready to help you

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