New here with questions!

[SunshineGal]

I really don't think you have to worry. Now, if the car was free and clear? Maybe. Then again, your talking a few grand towards a $15,000 judgment so it's probably not even worth the time. This link will tell you the process for placing a lien against personal property.

http://sunbiz.org/jlien_how_to.html

Here is a copy of the FL fact information sheet that you could be required to complete:

http://www.clerk.leon.fl.us/sections/clerk_services/online_forms/general/fact_info.pdf

And finally, this page will tell you what is exempt from creditors.

http://library.findlaw.com/1998/Dec/1/126478.html

[CCsSuck]

Thanks, that was really helpful! How common is it to be forced to fill out the information sheet?

[SunshineGal]

You can pretty much count on the fact it will be part of the wording on the final judgment and you'll have 45 days to return it.

[CCsSuck]

You can pretty much count on the fact it will be part of the wording on the final judgment and you'll have 45 days to return it.

ugh. do most people comply with these? I can't imagine they would if they blow off the entire process, but I'm sure it'd be contempt of court if you don't, which theoretically could lead to jail, no?

[SunshineGal]

The way I understand it, remember, I'm not an attorney, is if you don't send it in then the creditor files a motion to compel. You'll have x amount of time to comply, or appear in court and explain why you shouldn't be held in contempt. If you still ignore, then the judge issues a writ of bodily attachment at which point you sit in jail until you fill out the forms.

[CCsSuck]

The way I understand it, remember, I'm not an attorney, is if you don't send it in then the creditor files a motion to compel. You'll have x amount of time to comply, or appear in court and explain why you shouldn't be held in contempt. If you still ignore, then the judge issues a writ of bodily attachment at which point you sit in jail until you fill out the forms.

I'm just surprised I haven't seen this mentioned before... I mean, it makes perfect sense, but I can't imagine that everyone facing a judgment would be in a rush to tell their creditors, under oath, where to look, lol.

[CCsSuck]

Here is a copy of the FL fact information sheet that you could be required to complete:

I was thinking about this, and the part where it asks if you've given, sold, loaned, or transfered any real or personal property worth more than $100 in the last year, would this include cash or just large things like cars or property and whatnot? And I'm kind of wondering why they'd ask this -- I was under the impression that only a BK trustee could sue to get transfers returned, can a judgment holder sue to get things you may have given away back? Thanks.

[catleg]

Yes in theory a judgment creditor can sue to void a transfer you made to avoid paying the judgment.
Remember, the law is written assuming a polite society where people pay their debts. (i.e. about 1950).
It didn't envision the loan sharking robo signing predatory lending world that we live in.

[CCsSuck]

does real or personal property include cash, though?

[catleg]

It includes anything for which there is a paper trail which they could get a hold of and prove you're lying. Wink. :-)

[CCsSuck]

It includes anything for which there is a paper trail which they could get a hold of and prove you're lying. Wink. :-)

Fabulous.

[debee]

In determining actual intent (to defraud creditor), consideration may be given to one, some or all of the following:

(1) The debtor had retained possession or control of the property transferred after the transfer.

(2) The transfer or obligation was concealed.

(3) Before the transfer was made or obligation was incurred, the debtor was sued or threatened with suit.

(4) The transfer was of substantially all the debtor's assets.

(5) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred.

(6) The transfer had occurred shortly before or shortly after a substantial debt was incurred.

Link to some Florida specific info: http://law.justia.com/florida/codes/...LI/ch0726.html

EDIT TO ADD:

(6) A transfer is not voidable under s. 726.106(2):

(a) To the extent the insider gave new value to or for the benefit of the debtor after the transfer was made unless the new value was secured by a valid lien;

(b) If made in the ordinary course of business or financial affairs of the debtor and the insider; or

(c) If made pursuant to a good faith effort to rehabilitate the debtor and the transfer secured present value given for that purpose as well as an antecedent debt of the debtor.

[CCsSuck]

In determining actual intent (to defraud creditor), consideration may be given to one, some or all of the following:

(1) The debtor had retained possession or control of the property transferred after the transfer.

(2) The transfer or obligation was concealed.

(3) Before the transfer was made or obligation was incurred, the debtor was sued or threatened with suit.

(4) The transfer was of substantially all the debtor's assets.

(5) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred.

(6) The transfer had occurred shortly before or shortly after a substantial debt was incurred.

This sounds more like BK, though -- is it really the same with a judgment creditor?

[debee]

Yes. It comes out of the Uniform Fraudulent Transfer Act. It's not BK law, it's state law.

I edited my last post about the same time you were replying to it and included the link there, as well as a little blurb I copied and pasted from it.

ETA: This links to the 2010 "new & improved" version:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0726/0726ContentsIndex.html&StatuteYear=2010&Title=-%3E2010-%3EChapter%20726

[researchnerd]

[B]
I've thought about going to the atty's, but I know for a fact I couldn't file anytime soon if I wanted to, anyway, because of the loan I'm repaying to a friend, and as everyone is quick to point out, as soon as you make up your mind to file, if you continue to use your CC's, its fraud. Unfortunately, I'm still using them to survive at the moment, so my mind is officially still undecided with how to proceed and I don't want to put an atty in an awkward position. Nor do I want to go and be told to stop using them immediately and then go back in a year and for them to see I never did in the first place. And then, of course, there is part of me that even though a consultation would probably be helpful, that would like to respect their time and not waste it.

1) If you are using CCs to survive, you may be closer to BK than you think. I was caught in that death spiral myself. If your minimums are so high that you can't pay them *and* afford groceries, you need to stop paying the CCs and have a life. Pay your living expenses first, then divide whatever is left among the CCs. I know it feels wrong, but the reality is that you can't afford the CC payments on your current income.

2) A consultation is not a waste of an attorneys' time, whether you take their advice or not; whether you end up engaging them or not. Good BK attorneys offer free consultations so that you can take the time to select the right attorney for you - and it's also their chance to demonstrate that they know their stuff and have your best interests at heart. I recommend interviewing at least 3 and ask them what they think your best options are. They may have some creative ideas about the loan that you owe to your friend as well.