Consumer Protection Law

Consumer Protection Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Consumer Protection Law
This answer was rated:

Have judgment against sons x girlfriend over vehicle theft.

Have judgment against son's x...
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 !
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 1 minute by:
10/1/2013
LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 11,560
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
Verified

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
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 11,560
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
Verified
LegalGems and 87 other Consumer Protection Law Specialists are ready to help you
Ask your own question now
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!
Ask Your Own Consumer Protection Law Question
Customer reply replied 4 years ago

Thank you so much !


 

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.
Ask Your Own Consumer Protection Law Question
Customer reply replied 4 years 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.

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
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 11,560
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
Verified
LegalGems and 87 other Consumer Protection Law Specialists are ready to help you
Ask your own question now
Ask LegalGems Your Own Question
LegalGems
LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 11,560
11,560 Satisfied Customers
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator

LegalGems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Lawyer

6,930 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

3,422 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Barrister

Barrister

Lawyer

1,607 satisfied customers

Attorney,17 years experience in consumer protection areas

Tina

Tina

Lawyer

1,587 satisfied customers

17 years legal experience including consumer protection law.

P. Simmons

P. Simmons

Lawyer

1,184 satisfied customers

16+ yrs. of legal experience.

LADY LAWYER

LADY LAWYER

Lawyer

748 satisfied customers

Consumer Lawyer

RGMacEsq

RGMacEsq

Lawyer

582 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Consumer Protection Law Questions
A retail store employee told me if I brought a chair from
A retail store employee told me if I brought a chair from them today, they would deliver it to my home tomorrow. And if I gave them a deposit it would not be refund. What is the difference between rec… read more
Barrister
Barrister
Lawyer
Doctoral Degree
1,607 satisfied customers
I have a dispute with a Travel Trailer manufacturer in
Hi. My name is Paul. I have a dispute with a Travel Trailer manufacturer in Indiana. I bought the trailer in Illinois. I live in Wisconsin. So far about a dozen law firms have turned down my case with… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,406 satisfied customers
There is a Malaysian Anti-corruption commission do they
There is a Malaysian Anti-corruption commission do they check to see if bank accounts could be related to terrorist drugs are anti or laundering … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I purchased tires at Sears. My Father paid with his credit
I purchased tires at Sears. My Father paid with his credit card. the amount on the invoice came to 686.06. The manage charged my dads card 869.00 then when we disputed it the manager added a, the mang… read more
LegalGems
LegalGems
Lawyer
11,560 satisfied customers
I think i was taken advantage oe on a largr. I think i was
i think i was taken advantage of on a major car deal , any help? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,972 satisfied customers
My name victor Assouline I was charged $ 50.90 and $2 on the
My name victor Assouline I was charged $ 50.90 and $2 on the 12/27/2017 for a ride I never did . I was all this at the hospital where my wife was having chimio … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I have been looking for the same information about the
HI , I have been looking for the same information about the united/DTC INS PREM that my father has on his bank statement and can not find any thing about … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I have been contacted by American dream sweepstake that I've
I have been contacted by American dream sweepstake that I've won 1.3 million dollars. How do I find one … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have to file a notice of dispute with an online video game
I have to file a notice of dispute with an online video game I play. The game has been VERY expensive and their rules have been subverted by other members, resulting in the release of my families name… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,303 satisfied customers
Is there legal ramification for a legitimate company (a
Is there legal ramification for a legitimate company (a large one) that will not stop relentless email spamming without an unsubscribe button or means to get off the spam list? I've asked 5-6x and the… read more
Lori
Lori
Juris Doctor
318 satisfied customers
Could you answer or send me websites which answers this: we
Could you answer or send me websites which answers this: we are arranging a private 10 day packaged tour as a group of 15 people, with a travel-tour company. Our group leader collects money and then p… read more
LegalGems
LegalGems
Lawyer
11,560 satisfied customers
A mechanic determined my transmission needed replaced in my
A mechanic determined my transmission needed replaced in my 97 Ford F-150. He said he couls find me a used one or a remanufactured one. I told him to find a used one. He did and it was no good, the an… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,704 satisfied customers
I graduated from ITT-Tech with an associates degree about 2
Hello, I graduated from ITT-Tech with an associates degree about 2 years ago. They assured me that I could transfer my credits to UTD but that was not true. I tried transferring my credits even to a c… read more
Thelawman2
Thelawman2
Doctoral Degree
1,299 satisfied customers
In the state of WA, can a social worker share medication and
In the state of WA, can a social worker share medication and diagnosis information with any family member? This includes any treatments for a doctor managed pain condition while pregnant? … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,723 satisfied customers
My seat belt comes apart. Is this dangerous and the
my seat belt comes apart. Is this dangerous and the manufacturer liable? Car is a 2002 … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,093 satisfied customers
A collections agency I have never heard of before Friday
Hello, A collections agency I have never heard of before Friday apparently filed a suit against me in NJ for a TD bank account I thought had been closed in 2010. It might be too small for getting a la… read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
Back in November I received a confirmation email from eBay
Back in November I received a confirmation email from eBay regarding a camera for $3097.99 that was purchased from eBay and that it was on the way to me. I immediately replied to that email stating th… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,406 satisfied customers
In a NYS Supreme Court instant foreclosure matter the
Second opinion] In a NYS Supreme Court instant foreclosure matter the plaintiff claims in their complaint to be in compliance with RPAPL 1304. However, the name of the servicer/insurance carrier is to… read more
Damien Bosco
Damien Bosco
3,395 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x