How Long after meeting with an attorney will it take to file?

[AFISurfer]

I live on the road as an Independent Contractor and for me to fall below the Median income for FL I will have to file in December because it will show me making $19,300 for June - November. I Stop working in 2 weeks, but will receive more checks, and if I had to file in January then my July - December earnings would put me at $23,000 (over the median). I will gather all required documentation and take my credit course online, but I will not be back in FL to meet with an Attorney until the 20th. That weekend and the following week is xmas and new years. Would an attorney be able to file me in December with that short time frame, given that I will have all necessary documents in hand and credit course complete?

I would wait until February to file bc my August - January will lower it back under the median due to being out of work in 2 weeks, but I am being sued by Asset Assurance on the 12th of January and wanted to get it filed prior to stop the suit and bank levy.

I will be filing in middle district FL, but using CA or State Exemptions. Whichever I have to use.

Also, what are the requirements for Florida to file? I mean length of living there, domicile, etc... Using the 180 day rule I should use CA exemptions, but every attorney says something different. Does anyone have a middle district attorney to recommend either in Daytona Beach or Orlando? Thanks!!!

[tcreegan]

Hi AFISurfer,

The suit from Asset Ass. should be easy to stall, file an answer requesting a final statement of account, verification, extension, discovery, should get you 30 days or so...
...even then if they get a judgement they still have to file for a writ, serve you, wait 20 days for you to respond, serve the bank, etc.

The exemption issue seems like a moot point since you basically live on the road....

Venue = the actual physical location where you file the papers. If you are there 91 days or more, you can use that venue. (This seems pretty loose, and courts can change this for the 'convience of the parties')

Exemptions = Florida or California, right? Neither allow federal exemptions, and I don't think either has a 'you must live here' requirement to use their exemptions.

If you have been domiciled for the last 2 yrs in a state, you use that states exemptions. So if you file 1/1/2011, residency = 1/1/2009 to 1/1/2011

If you have not been domiciled in a single state for the last two years, where were you for the 6 months before the last 2 years?

So if you file 1/1/2011, residency = July - Dec 2008 (the majority of this time, = 91 days)

Now in your case, the word 'domiciled' has more meaning than most. For nomadic people (airline crews, military personnel, 'snowbirds' people who travel from job to job), it means the place you intend to live, sort of the place you call 'home' This would be where your drivers license is from, where you are registered to vote, where you have your car registered, that sort of thing. So if these things are from FL for the last two years, you can be a FL resident.

Or, if you want to use CA exemptions, you need to claim you lived in CA for 91 days or more between July-Dec 2008 (assuming you file 1/1/2011)

Hope this is not too confusing, good luck with your filing!

Tom in Colo

[frogger]

How long will it take? Depends on the attorney, how busy they are, and how fast you need to file. When meeting with my attorney (the first time), I had all of my documents and was asked:

Do you want to file this today?

[Floridagail]

I am sure it is electronically done, The attorney office paralegal does it right in their computer to the courthouse Mine was done in 3 days.

[frogger]

I am sure it is electronically done, The attorney office paralegal does it right in their computer to the courthouse Mine was done in 3 days.

Electronic filing is required for attorneys. Plug the numbers into the software, review, click and send. It's just that easy.

[tobee43]

I am sure it is electronically done, The attorney office paralegal does it right in their computer to the courthouse Mine was done in 3 days.

yes, ours was as well....and soon as we got our information into the atty's office it was done within a few days as well. i know some offices, i heard on other posts file only a few times a month...or once a weeks...so it's best to check with the atty's office to find out their filing practices.