clw1212

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About clw1212

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  1. My bank account was garnished due to a judgment against me. After the money was taken from my account, I was sent a "Notice to Defendant of Right Against Garnishment of Wages, Money, and Other Property". I did file a Claim of Exemption in order to keep my money, and filed it with the county clerk. On Dec. 17 I received a letter from the county clerk titled "Notice of Dissolution of Writ". It stated "The above named Plaintiff, having failed to file a sworn, written statement that contests the defendant's claim of exemption in accordance with Section 77.041, Florida Statutes, is hereby notified that the Continuing Writ of Garnishment issued on Oct. 22, 2013 is hereby dissolved. A few days later I receive from the Plaintiff a "Notice to Defendants and Interested Persons and Certificate of Service in Compliance with F.S. 77.055. It includes a copy of the writ of garnishment and the garnishee's answer. It states I must move to dissolve the writ of garnishment within 20 days after the date indicated on the certificate of service in the notice, or be defaulted. It goes on to state that I may have exemptions from this garnishment which must be asserted as a defense. My question is, what do I need to do in reference to this letter? Any help will be more than appreciated. Thank you for any help.
  2. I have been reviewing several Appellant Initial Briefs and have read about the Appellate process. The one thing I would like to know about is the Standard of Review. Each time I read that portion of an Appellant Initial brief, there is always a case they cite right after that. My question is, how would I find out what case to cite for the Standard of Review portion of a brief? This would be for the State of Florida. Thank you in advance.
  3. I understand in Florida in reference to claiming exemptions after a Final Judgment, there is a $1000 vehicle exemption and if not claiming the homestead exemption, I can exempt up to $4000 in personal property. In the Fact Information Sheet I need to fill out and send to the judgment creditor, as far as property goes, it only asks about vehicles and banking accounts. (The other items they ask about do not pertain to me) No job, no stocks, etc. Anyway, in reference to the other $4000 in exemptions I would be entitled to, does that apply to only the items they are asking about? (EXAMPLE:They don't ask about furniture or household items, so I don't have to count them?) And could I include the other car worth about $500 and the 42 year old sailboat worth about $800 in the $4000 amount? The Final Judgment amount is about $3700. What would be the chances of them even trying to take my vehicles? Thanks
  4. Thanks for the replies. From my original post, in reference to an appeal, does it look like I would have a good case? Thanks Determined1 - I cannot post private messages yet. The county is Pasco County. It states on the pasco clerk website, that I have 30 days to appeal. It states I would need an "Original Notice of Appeal" and "Conformed copy of the order being appealed" Could someone tell me if these are official forms and can I get them at the courthouse? I am new to all of this legal stuff, so excuse all my questions.
  5. I received my Final Judgment a few days ago. The Plaintiff could not prove Open Account or Money Lent. The Final Judgment claimed they proved Account Stated. I disagree: The exact words (other than dollar amount) in the Account Stated portion of the Final Judgment are as follows: "The Plaintiff proved that before the institution of the lawsuit, the Plaintiff and the Defendant had business transactions between them. The statement which shows account activity between February 4, 2010 and March 4, 2010 was rendered by the Plaintiff to the Defendant; said statement shows resulting balance of $XXXX.XX (a little over 3600.00). The Defendant did not object to the resulting balance. The court finds the Defendant's lack of objection was an agreement to the resulting balance of $XXXX.XX, and therefore, the Plaintiff proved Count One." Count Two: Money Lent "The court finds that the Plaintiff did not prove the dates of all of the money lent because there was some money lent (pre-December 6, 2004) for which the Plaintiff did not provide statements in evidence. Therefore, the Plaintiff did not prove Count Two." Count Three: Open Account " The court finds that the Plaintiff did not prove the items, time of accrual of each, and amount of each because the pre-December 6, 2004 statements were not submitted into evidence. Therefore, the Plaintiff did not prove Count Three." First off, I never agreed to the total amount, even before the hearing. In fact the first 2 lines of the Final Judgments states: "A Pretrial Conference in this action was held on (in April 2012) and the Defendant agreed she owned the account, but disputed the amount of damages." How could it be stated that I had disputed the amount on one page, then stated the Plaintiff proved Account Stated because I did not object to the final amount? Here in Florida for Account Stated in the Note at the bottom it states: “A copy of the account showing items, time of accrual of each, and amount of each must be attached.” The same thing it stated in Count Three, which the Plaintiff did not prove. As stated in Counts Two and Three of the Final Judgment, the first 4 years of statements were not included. I know I never agreed to the balance. I went to the courthouse on Monday to see the transcripts, but was told that because the Plaintiff requested the court reporter, they would not have access to those at the courthouse. I do know what I said, but cannot prove it. I'm still within the 10 days, so would this be grounds for Motion to Dismiss, or Motion to Vacate Judgment? Does anyone think I may have a chance? Thanks for all advice or assistance I may receive. I appreciate all input.
  6. I really appreciate all the help. I am hoping to go to the courthouse tomorrow to view the transcripts to see where, if at all, did I ever agree to the balance. Then I will take it from there. I may just have to accept the decision of Final Judgment, and deal with that. If that were to be the case, and I don't appeal, if I do not have the full amount of money they are after, can they just take as much as possible even if it is nowhere near the amount they are asking for? I don't think everything I own adds up to what they are wanting. Also, on the Fact Information Sheet, it asks about other personal income and from who. Since I do not have a job, the other person pays for everything, why do they need to know that persons name? Thanks again for all the help.
  7. I want to thank all who sent replies, all your input and advice are very much appreciated. To make one thing clear, while at the hearing, I never admitted that I agreed to the amount. That is what I stated at the pretrial hearing and during the hearing. But in the final judgment, that is what they are claiming. I am hoping to be able to view the transcripts before I have to pay for them, to find out how they got the idea that I agreed to the amount. Also, they sent with the Final Judgment, a Fact Information Sheet, asking about bank accounts and vehicles I own, etc. I have 45 days to fill it out and return to plaintiff. I do have a couple questions on that. 1. How often does a plaintiff ever take someone's vehicles? I have 2 vehicles, 1 is over 20 years old, 1 is almost 20 years old, needs paint job. Not in the best shape, but they run. I also have a sailboat that is over 35 years old. 2. I have a bank account in my name, but my boyfriend, (been together 18 years, not legally married) has the job. He is self employed and his clients write checks to him, then he signs them over to me to put in my bank account. Does that count as income? No deposit that has ever gone into my account has my name on it. (There may be a problem with this, since he is not on the account.) (The reason things are in my name, is that there is an almost 20 year age difference between us, and in the natural course of events, I would probably be around longer than he will be.) Besides paying rent, utilities, food and gas, there is not much left over. We don't even have cell phones or cable. I guess I've went on long enough, but I am just a bit nervous about this whole situation. Thanks
  8. Hi, I am new to posting but have been reviewing these boards for awhile now. A little background. I opened a Citibank card back in 2001. I paid on that card for 8 years, until I could not afford to pay it anymore. Last payment was November 2009. I was contacted by Patrick Carey law firm. I did not correspond with the law firm at all. I had a pre-trial conference in April of this year. I basically stated I owned the card, but disputed the amount. The representative for the plaintiff stated that proof would be furnished. A court date was set for last week. A couple days before the court date, I was sent, by the attorney's office, statements from December 2004 through the final statement of April 2010. And a card agreement with the copyright date of 2010. The 3 counts were 1. Account Stated, 2. Money Lent and 3. Open Account. I received in the mail today the final judgment. Counts 2 and 3 could not be proved by the plaintiff. Count 1 Account Stated stated that I did not object to the resulting balance when they showed me the statements for Feb. and March 2010. "The court finds that the defendant's lack of objection was an agreement to the resulting balance of $XXXX.XX, and therefore, the Plaintiff proved Count One" (The amount is a bit over $3600.) First off, I never agreed to the amount. In fact the first sentence of the Final Judgment states: " A Pretrial Conference in this action was held on April XX, 2012 and the Defendant agreed she owned the account, but disputed the amount of damages." The first sentence and the reason in Count One seem to contradict one another. If I disputed the amount of damages, how could I have agreed to the resulting balance? Plus, since they could not provide statements from the first 4 years, and the balance showed on the first statement provided was a bit over $1700.00, why should they be entitled to the whole amount. Any help or suggestions would be more than appreciated. I am doing this without an attorney against an original creditor. I plan on going to the courthouse Monday to view the transcript of the case, to see where I could have said anything that could have been taken as that I agreed with the resulting balance.