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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 notifi
  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 do
  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 $XXX
  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
  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 i
  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,