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Verified Motion in Proceedings Supplementary??

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Hi All - I was in a 2 year battle with an old rental and finally have judgment, they partially won.

Now I received a "Verified Motion in Proceedings Supplementary" that says

Comes now XXXXX and for his motion herein alleges and says as follows: The Plaintiff is the owner of a judgment against the Defendant which remains an unpaid balance of $5000 plus cost.

WHEREFORE the Plaintiff prays that the DEFENDANT be ordered to appear before the court for examination.

then under that is says

ORDER

Upon proper filing of a verified motion in proceedings supplemental, the Court now finds that said motion is sufficient.

IT IS THEREFORE ORDERED that the defendant appear before the court on XX day of Sept to answer as the Defendants non-exempt property subject to execution or to proceedings supplemental.

What exactly is this and what kind of preparation should I do doing?

I do plan on making payments on the judgment and want to avoid garnishment if at all possible.

About the same time I received this I also filed a "Motion to Correct Error" as I think that they have added too much attorney fee's - I’m still waiting to hear on that.

Thanks so much!

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This is called a debtor's exam. They will put you under oath and ask you questions about your employment, assets, etc. to determine what you have that they can take. You have to attend this, or you'll be arrested and jailed for contempt of court. When you go, don't take or wear anything of value. No money, jewelry, nothing. They can literally empty your pockets at one of these things. Here are the exemptions in your state:

Consumer Tip: DEBTORS' RIGHTS IN FLORIDA

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I do plan on making payments on the judgment and want to avoid garnishment if at all possible.

Florida, while permitting garnishment, has some very debtor-friendly provisions.

For instance, if you're head of household and make under a certain amount of money, a judgment creditor cannot garnish your wages without your permission. This does not apply to bank accounts and the like.

And, as indicated above, DON'T fail to show up for the hearing.

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Thanks to you both,

I will for sure show up, however will I be under Florida Rules or Indiana? The case is in Indiana and I live in Florida and have had all my court contact on the phone and am going to request the same for this hearing?

Thanks again

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Thanks to you both,

I will for sure show up, however will I be under Florida Rules or Indiana? The case is in Indiana and I live in Florida and have had all my court contact on the phone and am going to request the same for this hearing?

Thanks again

Are you now a Florida "resident"?

Is the court aware you do not reside in Indiana?

Was the suit based upon a written contract?

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Since Im a Flordia resident and earn wages here in Flrodia I would think I would be under FLorida Laws - the judgement is on both me and my hubby and we both are residents and employed here in Florida.

What do you guys think? Florida or Indiana?

Also I always thought that as long as you were paying a bill they would not be able to garnish your wages - is this also true for Judgements or can they just garnish wages right from the start?

Thanks again (:

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Since Im a Flordia resident and earn wages here in Flrodia I would think I would be under FLorida Laws - the judgement is on both me and my hubby and we both are residents and employed here in Florida.

What do you guys think? Florida or Indiana?

Also I always thought that as long as you were paying a bill they would not be able to garnish your wages - is this also true for Judgements or can they just garnish wages right from the start?

Thanks again (:

Bruno, Nascar, or anyone - what do you think would I be under FLorida or Indiana and can they garnish right from the start or do they first set up a payment plan? Thanks again.

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Bruno, Nascar, or anyone - what do you think would I be under FLorida or Indiana and can they garnish right from the start or do they first set up a payment plan? Thanks again.

I don't have that answer off the top of my head. I will look into it an follow up for you.

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If they got the judgement in Indiana then they would have to domesticate the judgement in Florida before they can do anything in Florida, which will cost them money. Garnishment, execution, etc would occur in Florida and they have to follow Florida law. Due to costs of everything I mentioned most law firms will setup a payment plan if you can make reasonable (they may have a different idea of reasonable) payment arrangements.

Are they making you travel to Indiana for the debtors exam? If so many states make them pay your travel costs. You can use the cost of further pursuing this as leverage to setup a payment plan.

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If they got the judgement in Indiana then they would have to domesticate the judgement in Florida before they can do anything in Florida, which will cost them money. Garnishment, execution, etc would occur in Florida and they have to follow Florida law. Due to costs of everything I mentioned most law firms will setup a payment plan if you can make reasonable (they may have a different idea of reasonable) payment arrangements.

Are they making you travel to Indiana for the debtors exam? If so many states make them pay your travel costs. You can use the cost of further pursuing this as leverage to setup a payment plan.

Racecar - Thanks so much!

Kent - Thank you aswell, So far everything has been done on the phone and for this one I sent a request asking for it to be also, Im just waiting to hear.

Im also waiting to hear on a motion to corret that I sent in - Hoping that the judge did not mean to give them 3000 in attorny fee's on a 2300 complaint. I should be hearing back from this within a few days. There original complaint asked for 1000. So will we see.

Again thanks for all the assistance with this (:

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The following assumes your employer is located in Florida

In 1984, Florida passed the Florida Enforcement of Foreign Judgments Act) FEFJA, allowing out-of-state judgments to be domesticated in Florida merely by filing a copy of the judgment in any county in the state (service charge varies, but is not much).

You will be mailed a notice. You can challenge the domestication at that time.

In any event, the judgment creditor must then wait 30 days before beginning any enforcement action, which must be done in accordance with Florida law.

If the Indiana court simply issues a writ to your out-of-state employer, the writ will probably be unenforceable (unless there is grounds to support Indiana personal jurisdiction over the garnishee employer). I see nothing to indicate there is.

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The following assumes your employer is located in Florida

In 1984, Florida passed the Florida Enforcement of Foreign Judgments Act) FEFJA, allowing out-of-state judgments to be domesticated in Florida merely by filing a copy of the judgment in any county in the state (service charge varies, but is not much).

You will be mailed a notice. You can challenge the domestication at that time.

In any event, the judgment creditor must then wait 30 days before beginning any enforcement action, which must be done in accordance with Florida law.

If the Indiana court simply issues a writ to your out-of-state employer, the writ will probably be unenforceable (unless there is grounds to support Indiana personal jurisdiction over the garnishee employer). I see nothing to indicate there is.

Thanks again, I do plan on paying it I really just dont want to be garnished. Not only because 25% a big chunck but Im in HR and it would be pretty embarrassing.

This whole judgement is really a joke and Im still in shock on what they won on - the $2300 in damages & cleaning the won, well the ONLY and I mean ONLY proff they provided was a print out from the rental company that said cleaning, damages, paint, shampoo carpet and listed dollar amounts. They could not provied any receipts of items purchased to clean with, what was damaged, name or time cards or person that did the cleaning and fixed the damages...nothing else. That is the main reason I didnt hair an attorney I thought easy case. Boy was I wrong.

I do have a call into a attorney now to talk about an appeal.

Again thanks for the info, I really want to keep them from garnishment if possible.

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An appeal would depend on several things. First off, I think you're too late. Most states require that a notice of appeal be filed quickly, usually within 30 days. Some states are even less. The format is very involved and must be perfect, or it will be denied. Often you have to make up to 15 copies and submit them to the appeals court, along with a hefty fee.

The other issue is that you seem not to have done much to fight this. You have to have grounds for an appeal.....judicial error, (unlikely) procedural error, (unlikely) or new evidence. (unlikely) Appeals courts do not re-try cases, they review what took place and look for reversible error. It would have to be something pretty bad for them to get involved with evidence, etc. I don't know what grounds you think you have, but "I don't like the decision" is not going to fly. Nobody who loses likes the decision.

Unless you objected to their crappy evidence in court, you would not be able to use that for an appeal. Then again, you're getting into the judge's (or jury's) opinion of the evidence and how viable it was and what you had to counter it. If you brought in five cleaning company executives who testified that the prices charged were out of line, you'd have had a better shot. Read a few appeals on Google Scholar, you'll get the idea.

Edited by BrunoTheJDBkiller

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An appeal would depend on several things. First off, I think you're too late. Most states require that a notice of appeal be filed quickly, usually within 30 days. Some states are even less. The format is very involved and must be perfect, or it will be denied. Often you have to make up to 15 copies and submit them to the appeals court, along with a hefty fee.

The other issue is that you seem not to have done much to fight this. You have to have grounds for an appeal.....judicial error, (unlikely) procedural error, (unlikely) or new evidence. (unlikely) Appeals courts do not re-try cases, they review what took place and look for reversible error. It would have to be something pretty bad for them to get involved with evidence, etc. I don't know what grounds you think you have, but "I don't like the decision" is not going to fly. Nobody who loses likes the decision.

Unless you objected to their crappy evidence in court, you would not be able to use that for an appeal. Then again, you're getting into the judge's (or jury's) opinion of the evidence and how viable it was and what you had to counter it. If you brought in five cleaning company executives who testified that the prices charged were out of line, you'd have a big problem. Read a few appeals on Google Scholar, you'll get the idea.

Thanks again! At this point I can only hope two things -that the Judge really only meant to grant them 1000 in attorney fee's (that is what they asked) and not the 3000 that he granted. $3000 in attoreny fee's on a $2300 judgement just dont seem right. I have already field a "Motion to Correct and am just waiting. And the second thing is try to pay it without getting garnished.

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Maybe it's 3000 total.

Nah it say's judgement is 2,300 for damages and such and 3,000 in attorney fee's. Still no word on my motion to reconsider.... (:

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In some states lawyers are required to file evidence that supports the reasonableness of the claimed fees. check this out for your state. No filing, no award.

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