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Judgment issue
- Thread starter Kanchazi
- Start date
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Pursuant to Florida Rules of Civil Procedure, Rule 1.56, your state permits extensive post-judgment discovery in aid of execution on a judgment. It is consistent with Federal Rules of Civil Procedure, Rule 69(a), making the discovery consistent with pre-judgment rights.
The explanation of “Interrogatories” may be self-evident. As to the remainder, an educated guess would be:
RQPR = Request for Production (of documents).
RQAD = Request for Admissions.
RQAD may refer to Civil Procedure Form 1.977 (Fact Information Sheet), including required attachments.
You would be advised to respond to this post-judgment discovery, as your courts can and do retain jurisdiction to enforce compliance, will treat non-compliance as contempt of court and, purportedly, will order body attachment (i.e. order you arrested and jailed to enforce compliance).
If this discovery was sent for service on the 16th, you should be receiving it by now. If your current address is other than is on the judgment, you would be advised to contact the attorney for the judgment creditor to ensure delivery. Failure to respond has repercussions in your state.
The explanation of “Interrogatories” may be self-evident. As to the remainder, an educated guess would be:
RQPR = Request for Production (of documents).
RQAD = Request for Admissions.
RQAD may refer to Civil Procedure Form 1.977 (Fact Information Sheet), including required attachments.
You would be advised to respond to this post-judgment discovery, as your courts can and do retain jurisdiction to enforce compliance, will treat non-compliance as contempt of court and, purportedly, will order body attachment (i.e. order you arrested and jailed to enforce compliance).
If this discovery was sent for service on the 16th, you should be receiving it by now. If your current address is other than is on the judgment, you would be advised to contact the attorney for the judgment creditor to ensure delivery. Failure to respond has repercussions in your state.
TigerD
Senior Member
It means that your world is about to crash in -- hard.
Not counting aditional incurred costs, your judgment debt is about $9,000 plus or minus. You had, and my still have $170k in equity in the house. You have been playing deadbeat for two years in direct contradiction to the advice you have received since 12/2005.
Since your first contact in this forum, when you claimed to be judgment proof and considering filing bankruptcy to evade this judgment, I have started purchasing and enforcing judgments. It is very lucrative when done right. You seem to still underestimate the power your creditor has over you.
Now, you actually can go to jail. It is time to pay attention.
Right now, you are being assessed 9% interest on the debt. I don't know how it works in Florida, but in Missouri I can compound the interest which could make your bill jump rather fast.
I can only assume that you came back because the "debt negotiation tips" website that you were preaching last year didn't solve your problem. So I will again give you the advice you need to handle this.
Options:
Take the money out of your house to pay the judgment.
Set up a voluntary payment plan.
They take everything they can with no notice to you, creating some rather embarrassing situations. How does your employer feel about garnishments?
Again, Kanchazi, I still feel that you are dabbling in the deep water when you should be in the kiddie pool. At this point, you really should pay for an attorney. You have been falling down a well and the bottom is approaching fast.
DC
I live in Fl. also. I know that the judgement creditor has the right to obtain info on your financial status. Debt Collector mentioned "judgement proof". I am not an attorney, but I don't think that anybody is actually "judgement proof".
it may be that the debtor cannot pay the creditor at time of judgement, but the creditor can keep checking to see if the debtor's financial situation has changed and then enforce the judgement.
I think the only way the debtor can truly protect themselves from the judgement creditor is to file bankruptcy.
The other scenario would be if the debtor is only on SSI, social security and/or disability and really does not have assets that can be attached. I would imagine that the judgement creditor could not collect if the debtor cannot pay. I do know that in Florida, your house is protected from unsecured creditors, and you do have exemptions that you can assert.
Of course, if you have a DOG, then you are screwed.
it may be that the debtor cannot pay the creditor at time of judgement, but the creditor can keep checking to see if the debtor's financial situation has changed and then enforce the judgement.
I think the only way the debtor can truly protect themselves from the judgement creditor is to file bankruptcy.
The other scenario would be if the debtor is only on SSI, social security and/or disability and really does not have assets that can be attached. I would imagine that the judgement creditor could not collect if the debtor cannot pay. I do know that in Florida, your house is protected from unsecured creditors, and you do have exemptions that you can assert.
Of course, if you have a DOG, then you are screwed.
Kanchazi –
After three posts of “Silly Saturday” of the 17th, I decided the forum wasn’t where my time was best used. On the other hand, occasionally in passing, “hard” information (statutes, Acts etc.) seems useful, and your post was the exception that proved the rule. We’ve posted here for about the same duration.
As has often been the case, I agree with DC. Your state may be a “debtor’s haven”, but your creditors are persistently coming, suggesting to me that they will continue to come. Short of a full bankruptcy discharge, nobody is judgment-proof. Some just take more time and work then others.
That was DC’s third point. If this judgment has been a head-in-sand thing for two years, it needs to be addressed and resolved. It’s ballooning, and it will cost you independently of the judgment in terms of every car lease, residential rental and any other form of credit extension that follows.
Every collector has “war stories” about collecting the uncollectible. If I were to make another educated guess, it would be that the latest forms of discovery are aimed at determining more creative ways to enforce the judgment. The reason for the guess? It’s what I would be doing now that you’ve avoided the “normal and easy” ways and, as the judgment grows and it becomes more cost-justified, they’ll be used. Just a word to the wise.
After three posts of “Silly Saturday” of the 17th, I decided the forum wasn’t where my time was best used. On the other hand, occasionally in passing, “hard” information (statutes, Acts etc.) seems useful, and your post was the exception that proved the rule. We’ve posted here for about the same duration.
As has often been the case, I agree with DC. Your state may be a “debtor’s haven”, but your creditors are persistently coming, suggesting to me that they will continue to come. Short of a full bankruptcy discharge, nobody is judgment-proof. Some just take more time and work then others.
That was DC’s third point. If this judgment has been a head-in-sand thing for two years, it needs to be addressed and resolved. It’s ballooning, and it will cost you independently of the judgment in terms of every car lease, residential rental and any other form of credit extension that follows.
Every collector has “war stories” about collecting the uncollectible. If I were to make another educated guess, it would be that the latest forms of discovery are aimed at determining more creative ways to enforce the judgment. The reason for the guess? It’s what I would be doing now that you’ve avoided the “normal and easy” ways and, as the judgment grows and it becomes more cost-justified, they’ll be used. Just a word to the wise.
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Thanks for your replys Chien. The only time I heard from the collector was when I was served papers and did not go to court which they got a default judgment. I have never heard from them since. Its been two years, The only thing they can get from me is to garnish 25% of a certain amount of my wages, which I could not afford. What I am going to do is go see a BK attorney, I know the collector is not going to agree to any kind of payment that I can afford.
Thanks again and Happy Thanksgiving I know I made DCs day with my post LOL
Thanks again and Happy Thanksgiving I know I made DCs day with my post LOL
TigerD
Senior Member
I may be wrong, and you would be wise to check, but I believe that for you tto file BK, you will have to declare your wife's income and meet the means test. That could create some serious issues for you.
You already have several judgments against you. If you fail to meet the means test, you will be placed in a chapter 13 and the court will order you to make payments and you can bet that those payments will be more than 25% of your paycheck.
DC
You already have several judgments against you. If you fail to meet the means test, you will be placed in a chapter 13 and the court will order you to make payments and you can bet that those payments will be more than 25% of your paycheck.
DC