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In the event someone gets a judgement in Federal Court

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against a Florida State resident...
In the event someone gets a judgement in Federal Court against a Florida State resident, what are the rules of collection/garnishment/bank levies/ Property seizure?Can they just do that right away behind your back or do you have notice and an opportunity to go o local court in Florida with any attorney?
Submitted: 4 months ago.Category: Consumer Protection Law
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3/15/2018
Consumer Protection Lawyer: Infolawyer, Lawyer replied 4 months ago
Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 63,034
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The judgment debtor would get notice of the judgment. If the judgment was issued on default the debtor could attempt to vacate the judgment on motion.martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.By being prepared and pressing your claim, the other side should feel the pressure and consider the risk of losing and legal fees. That realization can help bring about a settlement!Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 4 months ago
Not acceptable. There was a trial in Federal Court we won on two civil counts and lost on two civil counts. The guy who won on the two counts will now try to collect against me in Florida. What is the exact provcess he must go through (in layman's erms) step-by-step to collect. Can money just "Vanish" out of my bank account?Also I own an LLC thsat was NT involved in this action. There is no judgement against it. Can they levy its bank account? I know they can try to garnish my wages from it.
Customer reply replied 4 months ago
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Consumer Protection Lawyer: WiseOwl58,
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Consumer Protection Lawyer: RayAnswers, Lawyer replied 4 months ago
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Ray a new expert.Here are the exemptions under Florida law..

Your home and Florida’s homestead exemption

If you own the home you live in, your home is protected from all creditors except those holding a mortgage or lien on your residence. You can exempt or protect your home and up to one-half acre of land from any forced sale if you live in an incorporated area. This also applies to mobile homes. If you live in an unincorporated area, you can protect up to 160 acres as homestead property.

Under most circumstances, a lien cannot be placed on your home for a debt that has nothing to do with your home. However, creditors who lend you money to buy, improve or repair your home may put a lien on your home. Nonetheless, if a creditor has a mortgage on your home, no matter what the purpose of the mortgage, you are not protected by the homestead exemption.

To protect your home, an affidavit describing your home and claiming it as your homestead must be filed with the court. This is different from the homestead tax form you file with the county property appraiser every year. Florida Statute 222.01 provides the type of notice and affidavit you will need to file.

Your personal property

If you do not claim the homestead exemption described above, you have the right to claim a personal property exemption of up to $4,000 per person. Unless the judgment creditor has a lien or security interest in the property (for example, a furniture loan), you can protect up to $4,000 of your personal belongings. Note that this exemption does not apply to child or spousal support debts.

If you own more than $4,000 worth of personal property, you can choose which property to protect. The personal property can include money held in a bank account.

Your vehicle

You also can claim an exemption of up to $1,000 of the value of your vehicle under Florida law. This means that your vehicle cannot be taken to satisfy a judgment unless the value of the car, less all debts for which the vehicle is collateral, is greater than $1,000.

If a judgment creditor or sheriff takes your vehicle under an execution and its value to you is less than the value that you claimed as exempt as above described, you can apply to the court for recognition of your exemption and request the return of your vehicle. Your affidavit of exemption should be filed with the court and the sheriff.

Combining exemptions

You can combine the $1,000 vehicle exemption with the $4,000 personal property exemption. In this case, for example, you would be able to claim a total exemption of $5,000 for your vehicle.

Spousal exemption for jointly held property

If a judgment is against only you and not your spouse, your spouse is entitled to protect his or her interest in the property. Property that is held by a husband and wife is called tenancy by the entirety and cannot be divided. This means jointly held property is not subject to the claims of creditors of the husband or wife individually. This applies to real property as well.

The judgment debtor and/or the debtor’s spouse must file an affidavit with the court and the sheriff to obtain the exemption and protect the property from the judgment creditor.

Similarly, another person who has an ownership interest in the property with you may file an affidavit showing the right of ownership and requesting the court to return the property. The judgment creditor may contest the claim of exemption and request a hearing.

IMPORTANT: Transfers of property that are fraudulent or are made solely to keep the property from creditors may cause the property to lose its exempt status.

Your wages

Florida head-of-family exemption

If a person makes $750 or less per week in net wages, and the person is a head of family, those wages are exempt from collection. A head of family is a person who provides more than one-half of the support for a child or other person. Wages in a bank account that belong to a head of family retain their protection from being seized for six months, even if the wages are mixed with money from other sources.

If you agree in writing to allow wages to be taken to pay the debt, and you make more than $750 in net wages per week, you will not get this exemption. If a head of family does not agree in writing to allow the garnishment or attachment of wages, all the wages are exempt. You must file an affidavit with the court to declare your head-of-family status and protect your wages from being taken.

Federal law

All people, including those who do not qualify as a head of family, have the protection of federal law, which limits the amount of wages that can be garnished. Garnishment cannot exceed 25 percent of your net wages or the amount that you take home per workweek that is more than 30 times the federal minimum hourly wage, whichever is less.

Subject to these restrictions, a creditor can continue to garnish your wages under a continuing writ of garnishment until the judgment is paid in full.

Other exemptions

All professionally prescribed health aids used by you or your dependents are exempt from being taken by creditors. Other types of income, including Social Security benefits, worker’s compensation, unemployment benefits, disability benefits, veteran’s benefits and retirement benefits are exempt from garnishment. Pensions, 401(k) plans, life insurance proceeds, college savings funds, medical savings accounts and earned income credits from your taxes are also exempt from collection.

Procedure for claiming your exemptions

You may claim your exemptions from garnishment by filing an affidavit with the court describing the exemption and your claim to it. Your affidavit also must be sent to the judgment creditor and any attorney for the judgment creditor. The judgment creditor must challenge your exemption within eight to 14 days, depending on the method of service. If the judgment creditor challenges your exemption, a hearing will be scheduled. If the judgment creditor doesn’t object to the claim of exemption and request for hearing within the time frame, you can ask the court to dissolve the writ without the need for a hearing. Notice of the hearing must be given to the judgment creditor.

Under current Florida law, if your wages or bank accounts are going to be garnished, after a judgment has been entered, you will not receive any notice until after the wages have been withheld or a hold has been placed on your bank account. The judgment creditor must send you a copy of the writ of garnishment, a copy of the answer filed by your employer or bank and a notice telling you about your right to request that the court stop the garnishment or execution.

The creditor here can levy on your account and you aren't notified until after that ash occurred.You want to get accounts out of your name and social.And they might try to seize the LLC or its bank account as well in collections.

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Consumer Protection Lawyer: RayAnswers, Lawyer replied 4 months ago

Generally

-speaking, much of the procedure is governed by

state law, as Federal Rule of Civil Procedure 69 provides that

a money judgment is enforced according to the procedure of the

state where the court is located. Initially, a certified copy of the judgment must be filed in the court where the judgment is to be

enforced. Thereafter, a judgment creditor(the party who recovered the judgment) may engage in

“proceedings supplemental” and obtain discovery from the debtor about its assets.

This involves serving document requests and interrogatories on the judgment debtor (the party against whom the judgment was

entered) aimed at learning the debtor’s income, profits, losses, bank accounts, bank statements, tax returns, real property owned, leases held, and other assets and debts. One court has noted that a federal

court may require discovery of a debtor even where the discovery exceeds the mandates of state law.

Seven Arts Pictures, Inc. v. Jonesfilm

, 512 Fed. Appx. 419, 427 (5th Cir. 2013).

After obtaining documentation concerning assets and interrogatory responses, a deposition, also called a

judgment debtor examination, is usually necessary to obtain additional details concerning the debtor’s

assets.

The court typically sets the deposition to take place at the courthouse, but often the parties can agree to conduct the deposition in an attorney

’s office with a court reporter present. If the debtor is

uncooperative, the judgment creditor may move the court to hold the debtor in contempt. Most states also

provide a mechanism to have a warrant issued for an individual debtor’s arrest for failure to cooperate.

Assuming discovery reveals monetary assets, the next step is to obtain a writ of execution from the court,

which directs an officer of the court to seize the monetary property of a debtor and transfer it

to the creditor. State law will typically govern what assets are subject to execution and sale and whether certain property is exempt (see, e.g.,IND.

CODE § 34-55-10-2).

Hayes v. Schaefer

, 399 F.2d 300, 301 (6th Cir.

1968) (“State law applied in determining whether the property is transferable or is subject to levy of

execution and sale.”);Marshak v. Green

, 746 F.2d 927, 930 (2d Cir. 1984) (“Those courts which have

considered the issue have determined that state law also determines the type of property which can be subject to execution.”).

Because of the steps involved, the process itself can take several months so the time to change names here is now to protect funds.

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