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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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QUESTION FOR ZACHARY Hi Zachary, thank you for your previous

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Hi Zachary, thank you for your previous information, really appreciated.

I will contact the Insurance and the Dept of frauds here, where they have many complaints about too, so that will be one stone to shoot 2 birds.

My question for today is about the hearing of tomorrow.

Here is what I anticipate, and for which i would like to know how i should react at the hearing:

I have filed today an emergency motion to strike opponent's motion and amended motions for sanction against us, and it;s on the judge's desk too, with the stamp of the court. I have also filed a motion to join all motions and oppositions , asking the judge either to strike his motion and his amendment, or for continuance so we have time to respond to the 67 pages. I have argued that otherwise it would be a denial of due process, while my opponent is severely violating the rules of Court.

At that point, despite the above, I expect that the judge will give permission to my opponent to go ahead on the hearing of his motion.

How should I react ? What are lawyers typically doing in such egregious situations ?

I have appealed, the case is pending at the 4th DCA. What kind of writ or action should I take at the DCA to counter the decision of the lower court. I expect the judge to take sanctions based on frivolous and whatever arguments of my opponent, she is really not afraid to do that !
I have let ZDN know that your question is waiting. If I can be of further assistance let me know.
Hi Pierre,

I'm sorry I didn't see this question until just now. I'm assuming you have already attended the hearing?
Customer: replied 4 years ago.

Hi Zachary,


Yes I did, so, thanks for the previous info, very useful, basically as far as the hearing was concerned, things were not too one-sided this time. The judge denied the motion for sanctions against us, my wife who is in CT ( very ill, had a stroke recently, her medical condition is such that I am seriously wondering about her future ) filed a motion for telephonic attendance, after contacting the JA. Apparently it did not get through to the judge until the hearing, even though it was posted in her box on Tuesday.

This was an evidentiary hearing, I was well prepared and made my points, especially about plaintiff seeking to cash the moneys (with the assistance of his lawyer) that he had subrogated to his insurance with a sworn statement, also about his false address declaration to the police, I produced all exhibits and evidences , I appointed a court reporter, etc...

The judge granted the motion to stay provided I come up with a bond. I don;t see how, i don;t even have the money to pay for the bond fee.... but i offered my opponent to do and pay for the formalities and secure it himself,. baswd on a mortgage

I guess I need to formalize that offer a bit better, but in the first instance, I seriously wonder if it is feasible because my house is homesteaded, I have a reverse mortgage and the note is $900,000 to protect the deal, since I am not paying interests and they accumulate on the debt.

But this time the crazy part happened outside the courtroom after the hearing, my opponent's lawyer was outside there in the hall of the 11th floor, with his assistant, pretty much nobody else around, and so he started to agress me personally, calling me something like "slut" , talking about my appearance and making some making some scathing comments in front of his assistant, and almost about to punch me, told me he would take down my wife and her properties, take my car, and what not. I told him that he was acting totally unprofessional etc... and that I would complai him and that his assistant would be asked to witness, then I moved furtheer and took the elevators, and next left the court house and went to pick up my car to drive back home. But here again, he was waiting for me across the street with his asssistant,in front of the parking. When he saw me, he went into another parking on the side of mine, and so I thought i had got rid of the guy,but when I went down the ramp with my car, he had posted himself inside the hedge on the left and shot some pictures of me in my car with a a tele-photolens.

So I called the sheriff when I arrived back in Miami, my wife was not comfortable after I talked to her over the phone, she thinks that he will give my picture to some hit men, because with my talkings in the court of being maybe related to plaintiff, she thinks that i kicked a nest of hornets.

Now definitively. at the court most of his pleadings were to lash out against my wife who was absent, accusing her of frauding by dissimulating her wealth etc... probably because he thinks she is an easy target while each time he moves towards me he's on heavy counter-fire...

This case just keeps getting stranger and stranger.

First, I would be very hesitant to allow your opponent who is not trustworthy or ethical to hold a mortgage lien on your house in exchange for a bond release for the stay of the judgment. You would likely able to convince a bondsman to take the house as collateral and possibly work out a payment plan, but this will take some work on your part.

In regard to the attorney's actions, this borderline sounds like an assault and you should consider reporting the behavior to the police and requesting a restraining order. This is especially true if the attorney threatened you physically or tried to intimidate you physically.

In regard to the threat to take your vehicle, unless you pay the bond for the judgment stay, it is possible unless you can fit the car into the allowance for personal property that was in the website I sent to you about judgment exemptions.
Customer: replied 4 years ago.

Thank you for the info.

What could be the risks if he has a bond backed up by a house that is protected by the homestead exemption of FL, that is really substantial.

This is also why I wonder how a bond could work that way, it could not be cashed by foreclosing on the house ?

work out a payment plan : are you talking about the fees to issue the bond ?

IN order to get the bond backed up the by house, you would have to waive your homestead protection on the house. That's how it would work.

In regard to the payment plan, yes. Generally, when a company issues a bond, they take a 10% fee in exchange. You might be able to reduce this amount by pledging your house, but the bonding company will still want to be paid for lending the money.
Customer: replied 4 years ago.

So do i understand correctly that I could get a bond not based on a mortgage ? So what kind of guarantee will they look after ? As for me, there isn't much...

The reason why I ask the question is because with a bond I won't have this mad guy on my a...s

I can protect the car and i will do so until Monday, and I can protect the house as you indicated. But he can still seize some of my personal belongings that are not much and probably not worth it, just for the sake of being nasty.

The bond would take the title to your house essentially, so it would be a mortgage, but you would have to waive your homestead protections. Otherwise, the bondsman would likely not agree to it. In regard to what kind of guarantee they will look for, I'm not sure. It's all negotiable with bondsmen.

In regard to the seizure, he has to get a writ from the court. Does he already have this?
Customer: replied 4 years ago.

Writ :

I have not seen anything so far. Am I being notified ?

And would the Court issue a writ ( of execution ?) or is the judgment enough by itself ?

I do not think you would be notified, but it would be in the court's file.

The judgment is not enough. In order to enforce the judgment, they have to go to court and ask for a writ of execution (to seize and sell your property), or a writ of granishment (to take money out of a bank account).
Customer: replied 4 years ago.

Ok, thank you.

Well, I can see the docket online, and it's being updated within approx 24 hours, and there is nothing in there.

Once he has the writ, does he not need to apply with the sheriff to levy ?

Also, does he not need to record the writ in my county ?

He will have to get the writ in your county actually. So, that means he has to go to court in Miami and then get the sheriff there to execute the writ.
Customer: replied 4 years ago.

Ok, so he will take a certifid copy of the judgment and go to Miami and get a writ from the clerk.

But then the sheriff will probably not be available immediately to levy.

Also,how does this come into play with the obligation to publish the lien (judgment) at the FL Division of Corporations ?

he has actually published there, but I can have it stricken off because the address of the plaintiff as provided in court is invalid and i have the recorded copies of the undeliverable emails.

If the clerk will want to see the record at the Division of Corporation,he may hot a problem there when the recording is not accepted becuase of the invalid address of the creditor ?


Well Pierre, I think you've just passed my knowledge base with these questions. I do not know.

If you want, I can opt out and allow another expert online to take a look and see for you.

Let me know.

Customer: replied 4 years ago.

It's OK, thank a lot, I will manage to find that info. I really appreciate your input.

I think this might be a question you can answer by calling clerk and asking them.

Customer: replied 4 years ago.

Thank you for your help. Meanwhile , by Googling, I found something that i wanted to share with you on the website of a sheriff office of Georgia.



It is then up to you to provide us with any known assets of the defendant that are unencumbered (no security interest, no UCC filing, no secured debt, no liens, etc.). You can take your original fi.fa. to the Georgia Department of Revenue, Motor Vehicle Division in Hapeville, GA to determine if the defendant has any motor vehicles that are either in his/her name or the name of the corporation (if applicable). Their web link is:Motor Vehicle Division



So this is what could happen. Today, my opponent's counsel threatened me to take my car... ok ... I have argued at the hearing to justify my motion to stay, that it was not harming my opponent because IRS had a recorded lien of $45,000 on my belongings that weren't worth that much, by far.


I have also notified this lien by email to my opponent's counsel. However, in case I receive a notice of levy for the car any time soon, I will go to the sheriff and explain him that there is a privileged tax lien on all my belongings, recorded at the clerk of my Miami-Dade county, and a lien on the car itself....



As far as the furniture of the house is concerned, it falls under the same rule.

Does it sound logic?

The writ is a Fi Fa or writ of fieri facias,


In Miami the Sheriff is less concerned about pre-existing liens

It is not the responsibility of the Sheriff's Office to determine whether liens or encumbrances exist, nor to disclose such information if known. Any lienholder desiring to announce the existence of a lien will be permitted to do so when the sale of the item is called, if he notifies the Sales Clerk that he desires to make an announcement prior to commencement of the Sheriff's Sale. Announcements will be limited to making the existence of a lien known and the amount of the lien.

A writ of fieri facias is essentially the same thing as a writ of execution. It simply empowers the sheriff to seize property and then sale it to pay a judgment.

The fact that the IRS has a lien on your property, if there is a notice filed by the IRS in the county clerk's office, will mean that the lien has priority over the Plaintiff's judgment lien.

The sheriff can still seize your property and sell it. The IRS lien would be paid first before the judgment creditor's lien.
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience: Lead trial/International commercial attorney licensed 11 yrs
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