do i need to file a motion? advice please..

[floridian]

i was served with a motion for summary judgement today, by the plaintiffs attorney.. previousesly i had filed a motion denying all allogations in the lawsuit.. naturally it just stalled things for a few weeks..

all my wages are protected from garnishment, do i need to file a motion telling the court they are exempt? i dont want any suprises.. im already getting a paper check, so they cant freeze my bank account...(im in florida)

[floridian]

i wish someone would help me out.. my lawyer is out of town for the holidays and i need to do something quick...not to mention, that im losing faith in him, as he wants to launch me into a thirteen and be done with me..

[StartingOver08]

Floridian, I don't know how you are to respond, but if you go to www.creditinfocenter.com and look in the forum labeled "Is there a Lawyer in the House" you will see specifics on how to respond. Post your question if you don't see something after you search.

[floridian]

i figured that really its just a waste of time, but i filed an objection to the summary judgement.... i merely said that i objected to any judgements and that i was insolvent... and all my income was disability and SS..
probably a waste of time, but at least i went out with a bang...

[catleg]

It's likely your goose is cooked as far as that court is concerned no matter what you file with them. So the game then moves to the attempting to enforce judgment against your income and assets phase. So think about how that is going to play out.

[floridian]

i keep a very small balance in my checking... i get my SS thru their debit card and my other disability comes in a paper check... i dont own anything of value, that is not already financed... ive filed homestead exemption years ago..

can you think of anything ive missed?

[2Bshinyandnew]

i keep a very small balance in my checking... i get my SS thru their debit card and my other disability comes in a paper check... i dont own anything of value, that is not already financed... ive filed homestead exemption years ago..

can you think of anything ive missed?

Sounds like you covered it all and are collection-proof. I can't see anything that you posted that could be levied/garnished. They get their judgment. Woohoo. It will be worthless. When you finally do file BK, it will be less than worthless

[floridian]

got my debtor exam in the mail today, with an order from the county judge to fill it out...
ive got everything pretty much, except a copy of all contracts that ive entered into in the last 3 years... how do they think you can come up with that information?

im getting married on the 31st, i want to have it filed out pronto, so i dont have to mention a wife in this delima..it had a place for a wifes financial information...

[OHBOY]

As I am also in FL, and by the sound of it in the 'same boat' I am interested as to how your case will proceed.
I have not yet been sued, but expect to be...eventually.

Just was wondering IF you are aware of the difference between a 'Homestead Exemption' and a 'Homestead Declaration'? ...'Exemption' is for taxation purposes, 'Declaration' is letting creditor know that property is 'Homestead' and as per FL Constitution liens can not be attached (other than mechanics lien, spousal/child support, taxes, HOA..and of course mortgage)...at least that's my understanding.
I filed my 'Homestead Declaration' recently...costs $ 10 to file

From my view it's interesting that they are asking for any spousal income.... interesting from the point, as I wonder if that also applies if spouse in NOT part of the debt...(then again, that should not be your concern).

What kind of 'Contract' information are they looking for. Is my newspaper subscription a 'contract'?...I bet ya (lol).....

[killinstinct]

Just do the best you can. Obviously they can pull credit reports, etc, property tax records, but I know of no database where there is some collection of "contracts". Good luck!!

[floridian]

ohboy, could you give me a little more info on how you went about declaring homestead... im sure my local clerk would be clueless.... is there a form, or did you just write your own?

i dont understand how the debtor exam i filed out can ask for info on the spouse, SS number etc and income.. florida isnt a comunity property state, so she should be exempt... my lawyer said that she couldnt be touched in a suit and i would hesitate to include the info, even if i was married...

[OHBOY]

'Floridian': here is the link that has the Homestead Declaration form.

pdf] INFORMATION FOR YOUR FLORIDA HOMESTEAD DECLARATION
FLORIDA HOMESTEAD DECLARATION. Overview. A homestead law helps to protect you
from losing your home to creditors. If you are sued for money in court ...

4brevard.com/HomesteadDeclaration.pdf – Similar pages

I did make some changes to the online form, namely:
I used my own words and instead of saying:
'KNOW ALL MEN BY THESE PRESENTS that we...' I just wrote ' We, (name), and (name), the undersigned, do hereby certify and declare that we are the owners of property located in (County & State) at current postal address: (address, city,state,zip), and more particularly described as follows in a General Warranty Deed, recorded (recording date), as : (Legal description as given on deed, incl. plat reference of public records, county, state, Parcel ID)
__________________________________________________ _______________
Thereafter I wrote:
'We hereby claim this property and dwelling, along with any outbuilding thereon as our homestead.'
__________________________________________________ _______________
Therafter I wrote same as on online form EXCEPT I changed the reference part to :
'..and pursuant to Florida Constitution: Article 10 Section 4(a)(1); also, Florida Statue: Title 15, Chapter 222.01 onward.'
__________________________________________________ _______________

For the notary part I intentionally LEFT OUT 'or the entity upon behalf of which the persons acted'.
__________________________________________________ _______________

Managed to put it all on one page..........
__________________________________________________ _______________
__________________________________________________ _______________

Please understand that I AM NOT A LAWYER, I AM NOT ABLE TO GIVE LEGAL COUNSEL (merely relating what I did) & HAVE NO IDEA IF I DID THIS CORRECTLY (just hoping...)

Sure would appreciate hearing more about your experiences ( ALL, if possible..) as you are going forward.

MERRY CHRISTMAS
...'shoot', looks as though the 'link' didn't come through a a 'link' at all...sorry, I am not the brightest 'child' on the block when it comes to computer related 'stuff'... however, you can Google the 'thing'....Go to:

4brevard.com/HomesteadDeclaration.pdf

[JustFileSuit]

Sorry I missed this original post back on -16th.

WEhen you are hit with a Motion for Summary Judgment, the plaintiff is alleging to the Court that there is "no issue of material dispute of fact" in the cases, and that they are "entitled" to a Judgment as a matter of law. then they set forth the claims, typically with an Affidavit to support the "facts" of the claims, and then a memorandum of law that sets forth their version of the Statute law, together with cites of the case law.

If you do not oppose it, and if you do not file for and get a Continuance (on the grounds, for instance, that you need more time to examine the Affiant of the creditor under oath to explore further his allegations), and if you are not filed into the bankruptcy courts, then you will be defaulted, and the Summary J. will issue. Now do note, readers: some judges will NOT grant summary judgment ever, as long as you actually show up and oppose it, and as long as you have minimally filed "something" to put the underlying facts into controversy.

So you have to defeat summary judgment, or you are pretty much sunk - not always, but typically. And that is why these guys always, always, always file for summary judgment - it costs them little to try, and the case is effectively over if they prevail.

Since the Court has sent you a "form" to fill out, it sure looks like the Summ Jugmt was granted by default, so they are now a Judgment Creditor and can go file for attachment, seizure, and garnishment to the extent that they are allowed to do so by law. They cannot attach your S.S. and by definition the bank account where it is cashed, so if they do, then you sue the pants off them (even if they only grab a hundred bucks).

What they are looking for with the Contract stuff is where you have signed a contract and put money down as a deposit, e.g. with a remodeling company for new kitchen cabinets or for a new deck, and then they go swoop in and seize the deposit as an asset of yours. Watch out for this.

The contracts you list would have to include those (so go get your money back now), and contracts for auto finance. Contracts for delivery of the newspaper are not interesting to anybody. If you want to smokescreen these guys you could put it down, but that is not what they are after.

[floridian]

i filled out the questionaire and sent proof that my income is all disability... today i got a letter from the lawyer, wanting me to admit that i dont contribute more than half of someone elses support... if my income is exempt, what difference does it make if i contribute to someone elses support... i dont get married until the 31st of this month..
what is he up to??

[JustFileSuit]

[QUOTE=floridian;363388]i filled out the questionaire and sent proof that my income is all disability... today i got a letter from the lawyer, wanting me to admit that i dont contribute more than half of someone elses support... if my income is exempt, what difference does it make if i contribute to someone elses support... i dont get married until the 31st of this month..

what is he up to??[

/QUOTE]

First things first. Did you check with the Court Clerk's office to confirm that there is a Judgment? And if there is, did the Court order a series of small weekly or monthly payments (sometimes the Court will Order that you pay by $15 a week).? You have to know all the facts before you go further.

You have answered the Post-judgment Interrrogatory (if there was a judgment, and he is not blowing smoke). I am not convinced that he is entitled to ask even more questions. What he is up to, I suspect (but do not know; just a hunch) is that he has concluded that your "income" is over some State statutory minimums that allow him to garnish the difference, but that the State law would say that if you contribute over half of someone else's support, none of that can be attached (and would thus be a deduction from your total income level, making your net income below the threshhold where a garnishment can be brought). I have no idea as I am not up on Florida law, but it would seem logical.

Anybody out there versed on Florida exemption and support law?? Chime in, please!

Did you advise your bank account? If you did, time to move that account to some out-of-state or out-of-country bank, like the Royal Bank of Canada in the Cayman Islands Guys routinely fly down there with no luggage and suitcases stuffed with bills, and deposit everything there. Way out of reach of everybody If that is too much like work, then a hidden lockbox at home starts to look good for your cash expenses vault. They are setting you up to hit your bank account. First place they go with a garnishment order.

Once you are married, they house furniture becomes effectively exempt, as unless you have admitted to and identified the pieces,then there is no way of knowing who each piece belongs to, so the sheriff trying to enforce a garnishment goes nowhere. gets ignored (if they are smart). Sheriffs get sued if they seize the wrong items.