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I have a default judgment against me only. My spouse was not…

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I have a default judgment...
I have a default judgment against me only. My spouse was not sued. Form 7.343 asks for info about my spouse's employment, pay, etc. We have joint acts, joint vehicle ownership. Am I required to include his info?
Submitted: 2 years ago.Category: Legal
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Answered in 8 minutes by:
1/26/2016
Lawyer: RONB-ESQ, Lawyer replied 2 years ago
RONB-ESQ
RONB-ESQ, Lawyer
Category: Legal
Satisfied Customers: 357
Experience: Right of Way Manager at Access Midstream Partners, LP
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Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

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Lawyer: RONB-ESQ, Lawyer replied 2 years ago

Was the judgment entered in just your name or you and your husband?

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Customer reply replied 2 years ago
Only my name.
Lawyer: RONB-ESQ, Lawyer replied 2 years ago

You are required to answer the form typically within 30 days or you risk them seeking to have you held in contempt until you do answer. You should feel it out honestly as of today, but if things change tomorrow so be it. Florida is a community property state and an argument can be made that a debt incurred by one spouse during marriage becomes a debt owed by the other spouse, but more than likely they are looking to find all bank accounts and all assets to determine if they want to execute against them. That means that if they identify a bank account in your name then they will next pay the Court to issue a writ of garnishment that is served on that bank. You will not typically receive notice of the garnishment action until 10 days later, but you will find out sooner if your money is on hold.

Do note that in Florida there is a list of property that is exempt and that a creditor can't take. Go look at the list here of state exemptions. (Note I am not recommending bankruptcy it is just easier to read this summary than to send you to the statutes. The exemptions apply both in or out of bankruptcy. It might be advisable to reduce bank account balances or perhaps open an account after answering these question since that would be honest as of that day. Look at the summary of exempt property here http://www.nolo.com/legal-encyclopedia/florida-bankruptcy-exemptions-property-assets-bankruptcy.html If you want me to point you to the statutes I can, but they are somewhat long and confusing.

Ron

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Lawyer: RONB-ESQ, Lawyer replied 2 years ago

I am stepping away to take care of an errand. I should be back available by about 5:30 PM CST and can reply then to anything you post

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Lawyer: RONB-ESQ, Lawyer replied 2 years ago

q

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Lawyer: RONB-ESQ, Lawyer replied 2 years ago

I have been off line for a few days due to illness, but I also see you have not left positive feedback. That tells me that I have not fully answered your question so please reply here with any follow up questions you have or request for me to clarify something.

I just thought I would give you a heads up that I am logging off for the night. Do note that I should be back online around 1:00 PM CST tomorrow and will be happy to respond then to any additional questions. Feel free to reply here with follow up questions or if you need me to clarify something. In the event you would prefer to cover this over the phone I can make that happen as well for the additional fee mentioned. In the event you don't want a call just continue to reply here until I have fully answered your question.

In the event this answers your question thank you in advance for leaving me positive feedback as that is the only way I am compensated for the time I spent answering your question. Do note that even after positive feedback you are welcome to reply as long as needed here for free until your question is answered.

Regards,

Ron

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Category: Legal
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Experience: Right of Way Manager at Access Midstream Partners, LP

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