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Is Florida statute 559.715 of any use post judgment?


Kcin
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Just curious if the statute can be used at all to my advantage.

I have a default judgment that is a couple years old, past the 1 year appeal stage. Its has changed hands from the OC to several JDB already. I have never received a notice of assignment for any of the ownership changes (barring the possible example below). Can that be used to refuse interrogatories or fight garnishment or other post judgment actions? Technically speaking without assignment they have no legal right to the debt, correct?

Can I file my own interrogatory requesting a chain of ownership? From what I got out of FRCP 1.340, I am entitled to do so, but it doesn't hurt to double check I guess.

If during the answer they file documentation that does not match the dates and owners that I've already researched with the previous owners, does that constitute extrinsic fraud and would it be strong enough to seek relief from judgment as an independent action as per FRCP 1.540?

I did get a standard debt letter from the latest owner claiming that they acquired the debt from the original creditor, despite the fact that I know that's not true. (would that constitute fraud of any kind?) Does that simple letter count as a letter of assignment, or would it need to be something more official?

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Just curious if the statute can be used at all to my advantage.

I have a default judgment that is a couple years old, past the 1 year appeal stage. Its has changed hands from the OC to several JDB already. I have never received a notice of assignment for any of the ownership changes (barring the possible example below). Can that be used to refuse interrogatories or fight garnishment or other post judgment actions? Technically speaking without assignment they have no legal right to the debt, correct?

Can I file my own interrogatory requesting a chain of ownership? From what I got out of FRCP 1.340, I am entitled to do so, but it doesn't hurt to double check I guess.

If during the answer they file documentation that does not match the dates and owners that I've already researched with the previous owners, does that constitute extrinsic fraud and would it be strong enough to seek relief from judgment as an independent action as per FRCP 1.540?

I did get a standard debt letter from the latest owner claiming that they acquired the debt from the original creditor, despite the fact that I know that's not true. (would that constitute fraud of any kind?) Does that simple letter count as a letter of assignment, or would it need to be something more official?

What action has the current "creditor" taken in regard to the judgment? What is currently taking place?

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Is it a judgment or a pending case? You didn't make this clear. I would think a judgment would be good no matter who owned it, I guess they can sell these just like they sell the original account. If it is a judgment already adjudicated, I would think there is no defense against it at this point, good luck to whoever bought it, let them try to collect.

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I apologize, I stated in the original post that the default judgment was already over a year old. Meaning that the OC won a judgment, and the time for regular appeals has passed. The debt was sold and changed hands post judgment.

The debt has changed hands several times, and while I understand that the judgment moves with the debt to the new owners and is still valid, statute 559.715 says that I should receive a notice of assignment 30 days before any assignees attempt to take action to collect the debt.

Current action in progress are interrogatories sitting on my desk in an attempt to find assets. I can only assume that wage garnishment will follow.

Does that clear it up at all or am I just repeating myself in a different way and still leaving you unsure?

With that in mind, my key questions are:

1. What constitutes a notice of assignment? Does a standard settlement letter saying "we've acquired the debt and are willing to settle for X amount." count as a notice of assignment? I'm leaning towards yes, but I'm not sure if it needs to be an official letter.

1a. If said letter indicates information that is not true, do I have any recourse as a post judgment debtor?

1b. If I have not received a letter of assignment for any of the other times that the debt has changed hands, do I have any recourse against the current creditor?

2. Do I have a legal right to request the current creditor prove that they have a legal right to the judgment/debt by providing chain of ownership back to the original creditor?

2a. If they fail to provide proof of ownership do I have any recourse?

2b. If in their effort to provide viable documentation they provide documents that do not match the actual dates of ownership and sale. Does that constitute extrinsic fraud and would it be strong enough to seek relief from judgment as an independent action as per FRCP 1.540.

Based on my research for FRCP 1.540 the only way to bring utilize the remedies available under the rule do not limit the power of a court to entertain an independent action to relieve a party from a judgment for fraud on the court is if it constitutes extrinsic fraud. I'm not sure I fully understand exactly what an extrinsic fraud is, despite having looked it up. I think the key part is that induces one not to present a case in court or deprives one of the opportunity to be heard and since this is post judgment that doesn't really hold true, but since it's listed as the possible justification for executing a post judgment action seeking relief without a time limit, that it must apply in some way. I figured it would count as fabrication of evidence by an attorney. Maybe not though. That's why I'm asking.

Sorry if my lack of knowledge on the subject makes things a bit difficult to understand. Its difficult to sort through all the weird legalese and verbiage when you aren't a lawyer.

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On a side note, can an attorney file an injunction to prevent you from contacting the creditor they represent even if your calls are not harassment in anyway shape or form? I spoke with a local attorney who indicated that speaking with the creditor was not illegal and speaking directly to the attorney is customary by Florida BAR, but since I'm Pro Se, that doesn't really apply? Any thoughts?

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Follow on question regarding interrogatories: The defacto standard is that you cannot blanket object to interrogatories in whole. I would assume using the same objection line by line would be the same thing. That said, in this case where I cannot confirm that the current JDB owns the debt, but has filed interrogatories, I feel as if I should not have to answer those, or even object, until they can prove that they have a legal claim to the debt and actions to claim the debt. Based on this quote from BAC Countrywide vs Stenz "A thief who steals a check payable to bearer becomes the holder of the check… but does not become the owner of it."

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From what you've stated, it appears they're trying to either garnish your wages or look for assets to collect. Have they filed a Writ of Garnishment or anything else?

I don't know if the court rules for discovery apply to this or not. When you mentioned interrogatories, I assumed there was another lawsuit. I have no knowledge of anything related to executing a judgment.

I think you should contact an attorney. Call the FL Bar Assoc. Tell them you need the name of an attorney to help you fight a judgment. They'll provide a name, and that attorney will give you a consultation either for free or for a small fee. You could get some questions answered at that time.

Hopefully some FL residents on these boards will chime in.

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