Judgement in Florida

[GollyGee]

Hi there

This is my first post and I thank you all for taking the time to read my question.

I have been following this forum for a while now and have some questions for you:

My husband recently received a judgement (in his name only) for an alleged credit card debt, and I'm am extremely concerned about my car and personal property. I have contacted several law firms, some on-line and some by phone, and have received conflicting answers from all of them. Some say that they can take my car and personal belongings from me even though the judgement is not in my name, others say that they cannot touch my stuff as long as it's in my name, which it is. Can anybody off me some guidance on what to do with this situation?

Thanks again for your time and help.

GollyGee, Florida.

[FlaLawyer]

If it is in your own name then it should be safe. The creditor may ask about your property post judgment to ensure no fraudulent transfers have taken place.

For more information go to http://www.assetprotectionfl.com/

How much is the judgment? Just give us a ballpark figure.

[GollyGee]

Thanks so much FLALawyer for your speedy response, the car is registered in my name and has been for several years, and I haven't transferred any personal property either, so hopefully I should be fine. My main concern is that they have sent my husband a form to complete, and on the form they are asking for my social security number and for him to list any of my assets, I find this to be extremely odd considering that I am not the one with the judgment? Does he have to give them my details and SS number?

Once again, I appreciate your help and advice, it's such a relief to be able to discuss this.

GollyGee

[GollyGee]

Dear FLALawyer

I'm sorry, I forgot to respond to your question in my second posting, the judgment against my husband was for the amount of $16,900.

GollyGee

[echo1]

Just met with BK attorney and he was saying they cannot take items that are marital assets. Car's that are in you AND your husband name would not be eligible because it is a marital asset. If it were you OR your husband then they could. Hope this helps.

[MG05]

You will be fine ... read what FlaLawyer posted as he is correct. You can always file an affidavit of “Tenants of Entireties” with the court and send a copy to opposing counsel. Also, if your hubby is the head of household he can file an affidavit refusing to waive his rights of garnishment. Read Florida State Statue 222.11 … if you fall into that category … same thing file the affidavit with the court and send opposing counsel a copy. Those two things to opposing counsel might allow you to work something out with the judgment.

[GollyGee]

Thanks to all for the great advice.

I have been reading through the Florida Statuates, in particular 222.061 "Method of Exempting Personal Property:Inventory" it quotes "when a levy is made by writ of execution, writ of attachment or writ of garnishment upon personal property" it says that I have to submit an Affidavit to the Court and to the opposing council exempting personal property. At the bottom, it also says "no inventory or schedule to exempt personal property from sale shall be accepted prior to a levy on the property" I know this is referring to the judgement against my husband and not me personally, but I'm a little confused as to whether I put my Affidavit in now or wait until the Sheriff informs me that there is a levy on my property?

We are both going to file an Affidavit as "Tenants by the Entireties" to protect our joint property. Once again, should this go to the Court now, or wait for the Sheriff to inform us of the levy.

Many thanks again, you have no idea how much this helps me.

GollyGee

[scorepro]

GollyGee

Sheriff's usually don't notify you about an impending levy. if so, people would hide thier stuff and/or empty thier bank accounts. The levys just happen when they happen. How old is the judgment? i do believe in FL there is a 6 month wait before garnishment can take place. Are your bank accounts in both you and your husbands name? What assets are only in his name--those are the only ones you need to be concerned with. period.

[Massive]

Thanks to all for the great advice.

I have been reading through the Florida Statuates, in particular 222.061 "Method of Exempting Personal Property:Inventory" it quotes "when a levy is made by writ of execution, writ of attachment or writ of garnishment upon personal property" it says that I have to submit an Affidavit to the Court and to the opposing council exempting personal property. At the bottom, it also says "no inventory or schedule to exempt personal property from sale shall be accepted prior to a levy on the property" I know this is referring to the judgement against my husband and not me personally, but I'm a little confused as to whether I put my Affidavit in now or wait until the Sheriff informs me that there is a levy on my property?

We are both going to file an Affidavit as "Tenants by the Entireties" to protect our joint property. Once again, should this go to the Court now, or wait for the Sheriff to inform us of the levy.

Many thanks again, you have no idea how much this helps me.

GollyGee

Who is the judgment creditor?

[GollyGee]

Thanks to everybody for all you help, I shall do what I have to do and get back to you if I have any further questions. You've all been great.

GollyGee