HELP! tricky atty here in Florida

[BeckyBoo]

Gee, where do I start?!

My husband did all he could the last few months to win his case against debt collection attorney. In spite of that the attorney got the judgment last week. We are more than eligible for HOH exemption here in Florida, of which I wonder seriously if the attorney knows this as well.

This is what we are concerned about. This week we got a Fact Information Sheet from the plaintiff's attorney in which my husband is told to fill out with personal financial info and then sign and have notarized. BUT this is the thing...this was not ordered by judge, nor was an order attached to final judgment of last week to do this. We found out that the attorney could have done this at that time. Can he still request that order within the next 45 days, or even beyond if he chooses to do so? By the way, this attorney is known to be very tricky.

Please can someone who is familiar with HOH exemptions in Florida help us? We have done a lot of research but cant find the answer we need.

Would filling out and signing this form put my husband in the position as 'volunteering' a wage garnishment, thus allowing it and then losing the right to file HOH exemption? County clerk told us we cant file exemption until writ of garnishment. If atty can and would have judge do an order forcing my husband to fill out and sign the fact sheet, would that take away my husband's legal right to file HOH exemption when writ would happen? We realize that the writ of garnishment would happen shortly after the fact sheet is completed & signed. We truly believe we are possibly being tricked here into losing our right to file HOH exemption, of which we are more than eligible for...we think this atty knows we are eligible.

Can we file HOH exemption before writ in order to protect us in case atty has trick up his sleeve? PLEASE any suggestions?

Thank you!!!

[FL4answer58]

. This week we got a Fact Information Sheet from the plaintiff's attorney in which my husband is told to fill out with personal financial info and then sign and have notarized. BUT this is the thing...this was not ordered by judge,

If your judgement did not include court order to complete form 1.977 by 45 days - then wait until ordered to do so, by order of the court - YES TRICKY ATTY.

Read your RCPs,

RULE 1.560. DISCOVERY IN AID OF EXECUTION

(a) In General. In aid of a judgment, decree, or execution the judgment creditor or the successor in interest, when

that interest appears of record, may obtain discovery from any person, including the judgment debtor, in the manner

provided in these rules.

(Fact Information Sheet. In addition to any other discovery available to a judgment creditor under this rule,

the court, at the request of the judgment creditor, shall order the judgment debtor or debtors to complete form 1.977,

including all required attachments, within 45 days of the order or such other reasonable time as determined by the

court. Failure to obey the order may be considered contempt of court.

© Final Judgment Enforcement Paragraph. In any final judgment, the judge shall include the following

enforcement paragraph if requested by the prevailing party or attorney:

“It is further ordered and adjudged that the judgment debtor(s) shall complete under oath Florida Rule of Civil

Procedure Form 1.977 (Fact Information Sheet), including all required attachments, and serve it on the judgment

creditor’s attorney, or the judgment creditor if the judgment creditor is not represented by an attorney, within 45

days from the date of this final judgment, unless the final judgment is satisfied or post-judgment discovery is

stayed.

Jurisdiction of this case is retained to enter further orders that are proper to compel the judgment debtor(s) to

complete form 1.977, including all required attachments, and serve it on the judgment creditor’s attorney, or the

judgment creditor if the judgment creditor is not represented by an attorney.”

(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.

(e) Notice of Compliance. The judgment debtor shall file with the clerk of court a notice of compliance with the

order to complete form 1.977, and serve a copy of the notice of compliance on the judgment creditor or the judgment

creditor’s attorney.

Failure to complete form 1.977 as ordered may be considered contempt of court.

Edited September 17, 2010 by FL4answer58

[FlaGuy]

If it was not court ordered then you are not obligated to fill out the form, but make very sure it is not court ordered, I went thru this myself in that I had a judgement against me and I was ordered to fill out that form, and did so, But I also took advantage of that in that I also wrote down all my exemptions and the statue numbers for them on the form,ie Tenants by Entireties, Head of Household and so on, being its a legal form that they are requesting they can not say they were not aware of your exemptions and in Florida they can be sued for tort if they knowingly levy exempt property, By filling out the form you do not give up your right to claim your exemptions, It's what's commonly know as a debtors exam, used to find any assets they can levy or garnish, If they do levy or garnish you will then have to file your exemptions with the clerk of courts, I am not an attorney nor is this legal advise, just information from my personal experience

[Freddy01]

I went to the orange county clerks offices on Friday and filled out an affidavit claiming HOH.

The clerk told me it would go to the judge and he/she would either deny it or set a hearing.

Good Luck! I was told that I had 45 days to get the plaintiff my fact info sheet. If not I could be held contempt in court.

[Massive]

Gee, where do I start?!

My husband did all he could the last few months to win his case against debt collection attorney. In spite of that the attorney got the judgment last week. We are more than eligible for HOH exemption here in Florida, of which I wonder seriously if the attorney knows this as well.

This is what we are concerned about. This week we got a Fact Information Sheet from the plaintiff's attorney in which my husband is told to fill out with personal financial info and then sign and have notarized. BUT this is the thing...this was not ordered by judge, nor was an order attached to final judgment of last week to do this. We found out that the attorney could have done this at that time. Can he still request that order within the next 45 days, or even beyond if he chooses to do so? By the way, this attorney is known to be very tricky.

Please can someone who is familiar with HOH exemptions in Florida help us? We have done a lot of research but cant find the answer we need.

Would filling out and signing this form put my husband in the position as 'volunteering' a wage garnishment, thus allowing it and then losing the right to file HOH exemption? County clerk told us we cant file exemption until writ of garnishment. If atty can and would have judge do an order forcing my husband to fill out and sign the fact sheet, would that take away my husband's legal right to file HOH exemption when writ would happen? We realize that the writ of garnishment would happen shortly after the fact sheet is completed & signed. We truly believe we are possibly being tricked here into losing our right to file HOH exemption, of which we are more than eligible for...we think this atty knows we are eligible.

Can we file HOH exemption before writ in order to protect us in case atty has trick up his sleeve? PLEASE any suggestions?

Thank you!!!

What evidence did they present to win the case?