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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 37061
Experience:  30 years in civil, probate, real estate, elder law
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Need help with a fact information sheet summary judgment

Customer Question

Need help with a fact information sheet for final summary judgment in florida
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Please tell me everything you can about this issue so the Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: This is a debt that I enccured in a divorce. I am remarried and he is the HOH. I do not work and don't plan to. We rent our house and we have cars in both our names one is leased and we have a loan on the other
JA: Is there anything else important you think the Lawyer should know?
Customer: I have two children who receive SSDI from their dad monthly. They each have a separate checking acct and I am the payee on both of them
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 7 months ago.
Category: Legal
Expert:  Ray replied 7 months ago.
Hi and welcome to JA. Ray here to help you tonight. Can you tell me what c9unty is involved here??
Customer: replied 7 months ago.
I am in Sarasota county, florida
Expert:  Ray replied 7 months ago.
Here is step by step for family court.Let me know if this is right one and what follow up you have, thanks. http://www.flcourts.org/core/fileparse.php/293/urlt/928.pdf
Customer: replied 7 months ago.
This has nothing to do with what I was asking. I was sued for credit card debt and you send me some family law paperwork?
Customer: replied 7 months ago.
What a rip off don't use this site wasted my money and didn't even help me at all!
Expert:  Ray replied 7 months ago.
I 'm sorry I am asking what forms you need here or are referencing.Are you wanting to file a summary judgment, please give me more information.
Expert:  Ray replied 7 months ago.
I will opt out and leave this for others, you were not charged please stand by.
Customer: replied 7 months ago.
I have a final summary judgement against me in Florida. I am trying to fill out the fact information sheet but it's asking for tax returns and other information I have had a job in 5 plus years I am a stay at home mom
Expert:  Ray replied 7 months ago.
Ok so here the other side has a judgment and they are trying to seek discovery of your assets.They have right to ask these questions.You can tell them you are unemployed but if you filed joint returns here they have right to copies of them.
Expert:  Ray replied 7 months ago.
Is this it or something similar.. https://www.clerk.citrus.fl.us/cms/uploads/courts/Fact%20Information%20Sheet.p
Customer: replied 7 months ago.
So even though my new husband is no way tied to this debt was never listed on this credit card and didn't know him at the time he is still responsible for paying the debt? Do I also need to list his employment information? This has nothing to do with him. They are suing me on a almost 5 year old debt
Customer: replied 7 months ago.
Yes that's it but I didn't know my new husband at the time of this debt I had to take this debt when I divorced my ex husband so why do I need to give my husband information he isn't named on the card at all
Expert:  Ray replied 7 months ago.
You want to get any bank accounts here out of your name because they will garnish them under Florida law. They can ask the information here.Doesn't mean they can recover against him.Separate out your assets, take your name off the accounts.
Expert:  Ray replied 7 months ago.
Your exemptions here https://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/f1bc20015cfdb2e985257408005290ed!OpenDocument what they are really hoping here is that you don't answer and they then get a judge to issue a pick up warrant.This is the court issuing a warrant here to bring you in front of the judge, they would hold you in jail until the judge is able to see you.You want to cooperate here and avoid such a warrant for failure to respond.
Customer: replied 7 months ago.
Our accounts have always been seperate. I have two accounts that I am the payee on but only the SSDI benefits for the kids go in those acts. I have one checking acct that I have been using to pay bills but never have more than $30 bucks in. They are asking for a rental agreement my parents own this house and we don't have a rental agreement
Customer: replied 7 months ago.
I just don't think I need to give them my husbands place of employment he isn't named in the lawsuit nor was this ever his debt
Expert:  Ray replied 7 months ago.
So tell them no rental agreement.Any funds here in a bank account in your name are subject to garnishment.Change payee here to spouse or grandmother.You don't want anything in your name.And yes you have to give them the information.He is not liable but they are entitled to discovery.
Expert:  Ray replied 7 months ago.
https://www.alperlaw.com/asset-protection/creditor-collection/
Customer: replied 7 months ago.
How can they take my sons money from their bank acts if it is money from social security I thought that was not able to be garnished
Expert:  Ray replied 7 months ago.
56.29 Proceedings supplementary.—(1) When any person or entity holds an unsatisfied judgment or judgment lien obtained under chapter 55, the judgment holder or judgment lienholder may file a motion and an affidavit so stating, identifying, if applicable, the issuing court, the case number, and the unsatisfied amount of the judgment or judgment lien, including accrued costs and interest, and stating that the execution is valid and outstanding, and thereupon the judgment holder or judgment lienholder is entitled to these proceedings supplementary to execution.(2) On such plaintiff’s motion the court shall require the defendant in execution to appear before it or a general or special magistrate at a time and place specified by the order in the county of the defendant’s residence to be examined concerning his or her property.(3) The order shall be served in a reasonable time before the date of the examination in the manner provided for service of summons or may be served on such defendant or his or her attorney as provided for service of papers in the rules of civil procedure.(4) Testimony shall be under oath, shall be comprehensive and cover all matters and things pertaining to the business and financial interests of defendant which may tend to show what property he or she has and its location. Any testimony tending directly or indirectly to aid in satisfying the execution is admissible. A corporation must attend and answer by an officer who may be specified in the order. Examination of witnesses shall be as at trial and any party may call other witnesses.(5) The court may order any property of the judgment debtor, not exempt from execution, in the hands of any person, or any property, debt, or other obligation due to the judgment debtor, to be applied toward the satisfaction of the judgment debt. The court may entertain claims concerning the judgment debtor’s assets brought under chapter 726 and enter any order or judgment, including a money judgment against any initial or subsequent transferee, in connection therewith, irrespective of whether the transferee has retained the property. Claims under chapter 726 are subject to the provisions of chapter 726 and applicable rules of civil procedure.(6)(a) When, within 1 year before the service of process on him or her, defendant has had title to, or paid the purchase price of, any personal property to which the defendant’s spouse, any relative, or any person on confidential terms with defendant claims title and right of possession at the time of examination, the defendant has the burden of proof to establish that such transfer or gift from him or her was not made to delay, hinder, or defraud creditors.(b) When any gift, transfer, assignment or other conveyance of personal property has been made or contrived by the judgment debtor to delay, hinder, or defraud creditors, the court shall order the gift, transfer, assignment or other conveyance to be void and direct the sheriff to take the property to satisfy the execution. This does not authorize seizure of property exempted from levy and sale under execution or property which has passed to a bona fide purchaser for value and without notice. Any person aggrieved by the levy may proceed under ss. 56.16-56.20.(7) At any time the court may refer the proceeding to a general or special magistrate who may be directed to report findings of law or fact, or both. The general or special magistrate has all the powers thereof, including the power to issue subpoena, and shall be paid the fees provided by law.(8) A party or a witness examined under these provisions is not excused from answering a question on the ground that the answer will tend to show him or her guilty of the commission of a fraud, or prove that he or she has been a party or privy to, or knowing of a conveyance, assignment, transfer, or other disposition of property for any purpose, or that the party or witness or another person claims to have title as against the defendant or to hold property derived from or through the defendant, or to be discharged from the payment of a debt which was due to the defendant or to a person in his or her behalf. An answer cannot be used as evidence against the person so answering in any criminal proceeding.(9) The court may enter any orders, judgments, or writs required to carry out the purpose of this section, including those orders necessary or proper to subject property or property rights of any judgment debtor to execution, and including entry of money judgments against any impleaded defendant irrespective of whether such defendant has retained the property, subject to ss. 56.18 and 56.19 and applicable principles of equity, and in accordance with chapters 76 and 77 and applicable rules of civil procedure.(10) Any person failing to obey any order issued under this section by a judge or general or special magistrate or failing to attend in response to a subpoena served on him or her may be held in contempt.(11) Costs for proceedings supplementary shall be taxed against the defendant as well as all other incidental costs determined to be reasonable and just by the court including, but not limited to, docketing the execution, sheriff’s service fees, and court reporter’s fees. Reasonable attorney’s fees may be taxed against the defendant. It's in your name.You maybe able to recover it from the courts but you are better is you stay ahead of these guys.You can change payee with social security.The real way long term here is to file Chapter 7 and discharge judgment here
Expert:  Ray replied 7 months ago.
See item 10 above.Again they are really hoping you don't show and they issue the contempt pick up warrant.If they get you on a Friday you might be in jail for two or three days.So be careful.
Expert:  Ray replied 7 months ago.
http://www.assetprotectionfl.com/2013/01/proceedings-supplementary-give-creditors-many-collection-options-and-tools/ You can file Chapter 7 separately from husband.
Expert:  Ray replied 7 months ago.
https://www.legalconsumer.com/bankruptcy/filing/state.php?st=FL
Expert:  Ray replied 7 months ago.
Chapter 7 is what is known as a "straight" bankruptcy or a "liquidation" type bankruptcy.• The Court forgives the individual his or her debts and liquidates, or takes, any assets he or she has that are not exempt. "Exempt" means property protected by law, which may not be taken from the debtor.• In Florida the Court cannot take a debtor's home because the equity in the home is protected by the Florida Constitution.• Furthermore, the following property is also exempt: interests in IRS approved retirement or pension plans (i.e.: IRA's, 401K's, pensions, etc.), interests in insurance policies, money in the bank that is from your wages, government benefits (veterans benefits, entitlements, social security, Medicaid, Medicare, SSI, etc.), $1000.00 worth of equity in any automobile, $1000.00 worth of personal property, and many other exemptions, which are too numerous to mention here. (Call for an explanation regarding your particular case)• You are allowed to keep your secured debt if you wish. This usually means your home, car and any number of other secured purchases such as appliances, jewelry, etc. These debts are allowed to "pass through" bankruptcy without being affected.• This is called "reaffirmation", because you are reaffirming the debt. In other words, by reaffirming a debt, you are saying to the creditor, in effect, "I want to keep this debt and I understand that by keeping it I will be responsible for paying it and my bankruptcy will give me no protection from it."• However, if you don't want to keep secured debt, you can surrender the property and any debt associated with that surrender, such as a deficiency balance, or extra charges for returning the property in less than perfect condition, is forgiven completely.
Customer: replied 7 months ago.
I only have this one debt and I already have a forclosure so I really don't think I need to file for bankruptcy. I have nothing for them to take no money. No savings. Nothing
Customer: replied 7 months ago.
We lease one car and are upside down on the other. Our tax return for this year is already spent what can they do to collect on this debt
Expert:  Ray replied 7 months ago.
Youa re allowed to exempt one car, here they probably don't want it.It is the bank accounts you have to watch.Anything in your name would be taken and you are notified after the fact.Stay ahead of them , this wouldn't happen for awhile.
Expert:  Ray replied 7 months ago.
They cannot take taxes for a regular judgment here.
Customer: replied 7 months ago.
Oh and my sons SSDI money goes into two seperate accounts and that's all that is in there and then intake cash out to pay my bills
Expert:  Ray replied 7 months ago.
So again put it into someone else's name and change payee here to another relative you trust .
Expert:  Ray replied 7 months ago.
Otherwise you appear pretty judgment proof.
Customer: replied 7 months ago.
It's asking for liabilities submitted to any person. 3 years ago in 2012 I gave my parents 20 grand I was awarded in the divorce and that's how i live in my house now and take care of my kids.
Customer: replied 7 months ago.
I have no one else's name to put it in and I thought that social security benefits are exempt from garnishment am I wrong
Expert:  Ray replied 7 months ago.
Here if they were your benefits in an account then yes.They are someone else's benefits again you might not know until after they take the funds and you would have to try and get them back.Eventually you have a valid argument--but if the creditor gets the money its hard and time consuming to get it back.This is the only thing I can see they can get at.
Customer: replied 7 months ago.
So is there some kind of form I can fill out the bank acts are actually in my kids name and they get statements in their names
Expert:  Ray replied 7 months ago.
And if they are asking here if you have given funds away you may just decide to take your chances there and not mention it.They likely couldn't find that. I would talk to the bank here and see if they can put it in kids name and social.I wouldn't be picky about this but you have to understand these guys are like locust.They take anything they can get..
Expert:  Ray replied 7 months ago.
And if you start working they will garnish your check, thats why Chapter 7 is a great idea to wash it away.
Customer: replied 7 months ago.
The acts are in my kids name and social security numbers I am just in there because they are under 18. I had to set it up that way for them to get the social security benefits. I don't have the money any more it was 20 grand I gave it to my parents they bought this house in their name so I have a safe place to live with my kids
Customer: replied 7 months ago.
And I gave them the 20 grand in 2012 and it says three years so do I have to disclose that
Expert:  Ray replied 7 months ago.
I would ask if you can put someone else on them or you take your chances with the creditor.I understand what the problem is and you know the risk.And no I would not disclose the $20k here.
Expert:  Ray replied 7 months ago.
I wish you the best.I can see you have a lot going on here.
Expert:  Ray replied 7 months ago.
I appreciate the chance to help and your patience.
Customer: replied 7 months ago.
So even though no other funds besides the social security is deposited into the acct in their name they will still take it? Is that legal for them to take it if it's my sons and inthei name and social
Expert:  Ray replied 7 months ago.
The way garnishment works is that they take the funds by order and you are noticed.You then have to write the judge here and seek to get them back.And it is possible here that they will not take them if you explain it.
Customer: replied 7 months ago.
Ya I am going to write on there that my kids get the money but they each even got their own tax information to claim the funds because it's in their name and social security number
Expert:  Ray replied 7 months ago.
You decide whether you want to risk it.Thanks again.If you can positive rate when we are done it is always much appreciated.
Customer: replied 7 months ago.
Thanks for your help and I will notify the bank ahead of time and talk with them
Expert:  Ray replied 7 months ago.
Sounds like a great plan.Take care now.
Expert:  Ray replied 7 months ago.
If you can positive rate it is always much appreciated, thanks again.

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