devlinder Posted April 2, 2009 Report Share Posted April 2, 2009 Hi, I'm hoping someone here can give me some guidance. TIA!In January I had a default judgement against me from Capital One for a credit card that had a $500+ balance; the judgement is now up to $2000. I didn't go to court bc frankly I was avoiding anything having to do with our credit situation until very recently when I decided it was time to start fixing things. Hindsight is 20/20 Anyway, the court papers and correspondence list Rubin & Debski as Attorney for Plantiff. I was ordered by the court to fill out and send them an information sheet listing my assets, etc. I guess I am basically judgement proof as I live in FL, I am a stay at home mom and my husband makes just enough for us to live on, we rent, our car is financed, etc. After I sent them this info they sent me another letter stating that if I did not arrange payment they would be forced to investigate my assets and income further. This really doesn't bother me because I really have nothing to take, lol, but I would like to get this matter resolved as part of my credit repair plan.I had planned on sending them a letter in hopes of settling for $1020 with a payment plan of $85 per month for one year, possibly with a stipulation that they do their part to help me dismiss or vacate judgement once paid in full. Then I found this article: (won't let me post link, but it's creditinfocenter.com /wordpress/2008/07/30/debt-collectors-suing-consumers-naming-capital-one-as-plaintiff/Now I am confused. Do I have any other options here? The original debt of $500 was valid and charged off in 2006 by Capital One. I was properly served for the lawsuit by a police officer and it was within the SOL. Is it possible to do anything else here or should I just go ahead and send them the payment plan proposal? If so, is there any hope of my arrangement working?ANY advice or experience with this will be greatly appreciated! Thanks Link to comment Share on other sites More sharing options...
delta1 Posted April 2, 2009 Report Share Posted April 2, 2009 Do not think you are judgment proof just because you live in Florida. Yes Florida has very liberal debtors rights but there are ways to still make your life difficult.As head of household your husband would not be subject to wage garnishment up to $500 per week. However, if they get a writ of garnishment you are not going to know about it until they take the money. That also goes for your bank accounts. Then you have to follow proper procedure to get an exemption from the garnishments. You also have to file an exemption for your home. This is NOT the same as your homestead exemption from the property appraisers office.Please read the information on the following links about debtors rights in Florida:http://www.legalaidocba.org/documents/DEBTORSRIGHTSBROCHURE.pdfhttp://www.floridalegal.org/pages/debtrghts.htmAnd here are the Florida Rules of Civil Procedure about Judgments:RULE 1.540 RELIEF FROM JUDGMENT, DECREES, OR ORDERSRULE 1.560 DISCOVERY IN AID OF EXECUTIONRULE 1.570 ENFORCEMENT OF FINAL JUDGMENTSIf the Judgement was just against you individually, you may not have had to provide any information about your husband. Per Rule 1.560(d) Information Regarding Assets of Judgment Debtor’s Spouse. In any final judgment, if requested by the judgment creditor, the court shall include the additional Spouse Related Portion of the fact information sheet upon a showing that a proper predicate exists for discovery of separate income and assets of the judgment debtor’s spouse.Follow this link to the Florida Bar for an online version of the 2009 FL Rules of Civil Procedure:http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/10C69DF6FF15185085256B29004BF823/$FILE/Civil.pdf?OpenElementFlorida Statutes:http://www.leg.state.fl.us/Welcome/index.cfm?CFID=72528034&CFTOKEN=77040430 Link to comment Share on other sites More sharing options...
devlinder Posted April 2, 2009 Author Report Share Posted April 2, 2009 Thank you for this information delta1. A few things:1) We do not own any property; we rent our home and our car is financed for more than it is currently worth. Everything else (furniture, electronics, etc.) we have is older than old or second hand or both so I doubt they would want it!2) My husband had a default judgement a couple years ago which resulted in a garnishment of our bank account. We filled out the forms and were able to get back the few hundred dollars that they took minus the $100 bank fee. Since then we have avoided using banks unless absolutely neccessary, so even if they found our account there would be no funds to take (not that we ever have any extra money anyway, we literally live paycheck to paycheck except for occasional overtime, etc.)3) I did fill out and return the Fact Information Sheet as ordered, but have yet to find out how to file the notice of compliance with the court. I have emailed the court with no response, and could not find out anything online. I did have the form notarized and sent CMRR, so there's that.4) Is it possible to pursue RULE 1.540 RELIEF FROM JUDGMENT, DECREES, OR ORDERS based upon possible fraud from the JDB?I am so confused! If I have no other options I plan to at least set up a small payment plan bc I want this to go away. But if I have any other avenues I would love not to have to pay an amount over 4x the "original balance".Thank you! Link to comment Share on other sites More sharing options...
delta1 Posted April 2, 2009 Report Share Posted April 2, 2009 Fraud is hard to prove, let alone with a default judgment. On what grounds do you think it was fraud? Link to comment Share on other sites More sharing options...
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