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Do I have to answer these Interr on Judgement Debtor??

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Long story short. Hired a lawyer, he passers it off to an "associate", nothing was done in a timely manner, went into court and judge said it was "likely" the $12,000 was owened to the JDB, original lawyer has taken back over, original lawyer is giving non-answers to our questions...need some help here. I am writing this but my husband was the one sued.

 

In Maryland.

 

Some of these interrogatories seem excessive and , quite frankly, I don't want to give all this information to the law firm of the JDB. Are there any arguments to not answer or only provide partial answers? I don't even know where to start looking?

 

Here they are:

 

1) State your complete name (including middle name), address, telephone number, social security number, date of birth, any alias and/or address used in the past 6 years.

 

2)Provide the name, address and telephone number of your current employer, if any.

 

3) Provide the name, branch address, and account numbers for any account you have, either by yourself or with any other person, at a financial  institution as defined under Maryland law.

 

​Because of the whole lawyer back and forth debacle, we got this after the deadline and our lawyer got a 3 day extension. We have a bunch of joint accounts but we can't take my husband off by the time these are due. 

 

4) When were the above financial accounts opened?

 

5) State the name and relationship of any persons with whom you share an account at any financial institution.

 

6)If you have ever been married, state the name of your spouse(s) and the date(s) during which you were married.

 

7)Provide the location and description of any real property  you own or have interest in within the United States.

​The houses is upside down and only in my name so I believe this would just be our two cars. The cars are in his name but one is worth about $1000 and the other is still being paid for.

 

8)Provide the location and description of any personal property valued at $1,000 or more which you own or have any interest in within the US.

See #7

 

9) Doesn't apply to him anyway.

 

10) Doesn't apply to him anyway.

 

11) What portion, if any, of your personal or real property is exempt from execution? If you claim any property is exempt from attachment, state the legal basis for the claim.

 

Since there are just the cars I don't know if this applies to him anyway.

 

12) Provide a copy of your three most recently filed state and federal tax returns.

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This is for the case that was lost previously, and not the current one with which you have been posting about, correct?

 

Finally, this is what is given to the judgment debtor upon losing in order to get the judgment correct?

If so, you will have to answer these and do so correctly or else face the wrath of the judge. That's not to say you couldn't very well change a current account you were forced to list by closing it and stuffing the money in your mattress. Ah don't flame me!!

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You need to open separate accounts in you name only - as long as you're not a judgment debtor too. 

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1stStep

I know we needed to do that but we can't do it before this is due.  There are bills pending in the accounts and it would take several weeks to switch everything over. 

 

HotWheels96

You are correct. These were the last two filed right before the SOL was up on everything we hadn't been able to pay. The one in this post is the one we hired a lawyer to handle. It was handled poorly so we are doing the other one ourselves.

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Here are the rules of what they can do

 

http://webcache.googleusercontent.com/search?q=cache:wqQ4US59mCoJ:www.courts.state.md.us/district/forms/civil/dccv060br.pdf+&cd=1&hl=en&ct=clnk&gl=us

 

http://www.courts.state.md.us/district/forms/civil/dccv060br.pdf.

 

 
The defendant has 15 days to answer. If you do not receive an answer and more than 15 days have elapsed since you submitted the questions, you can file a Motion Compelling Answers to Interrogatories in Aid of Execution (form DC/CV 30).
respond to the motion. 

 

to answer your questions, and the defendant is given time to
respond to the motion.
After the defendant is served with the order, he or she has
another 15 days to answer your interrogatories.
Your second option is bringing the defendant into a courtroom to ask him or her under oath about their finances and property. The answers to the oral questions may help you determine the assets you may seek to garnish in your collection efforts. If you choose this option, you must complete the Request for Order Directing Defendant to Appear for Examination in Aid of Enforcement of Judgment (form DC/CV 32). The form cannot be filed until 30 days have passed since your judgment was entered.
The order must be served on the defendant within 30 days of its issuance. The order will let the defendant know when he or she is required to appear.
 
If the defendant has been properly served and will not cooperate with your attempts to discover his or her assets, you can file a request for a Show Cause Order (form DC/CV 33). The order will summon the defendant to court to explain why he or she should not be held in contempt for ignoring your discovery efforts. You can only file the request for a Show Cause Order after the defendant has either: • ignored written interrogatories, as well as an order from the judge compelling his or her answers; or • failed to appear for an oral examination ordered by the court. If the defendant fails to appear for the Show Cause hearing, you are permitted to file an Attachment for Contempt (form DC 5). If the judge chooses to issue the attachment, the defendant in your case will be taken into custody by the sheriff’s office and will be brought before the court to explain the failure to appear. The defendant may be required to post a bond for his or her release, which the defendant will forfeit to the state if he or she does not appear at the next hearing.
 
GARNISHING THE DEFENDANT’S BANK ACCOUNT
In this instance, money in the defendant’s bank account will be given to you to help satisfy your judgment. Except in certain limited circumstances, you cannot garnish funds from a jointly held account unless your judgment was against both owners. You also cannot garnish retirement or escrow accounts. Financial Institutions must comply with the requirements, prohibitions and limitations of Federal Regulation 31 C.F.R. Part 212 and Maryland Rule 3-645.1, which prohibit a financial institution from holding a “protected amount” under 31 C.F.R. Part 212. Protected amounts may consist of the following Federal benefit payments: Social Security, Veteran’s Administration, Railroad Retirement Board, and Office of Personnel Management. 
 

 

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Long story short. Hired a lawyer, he passers it off to an "associate", nothing was done in a timely manner, went into court and judge said it was "likely" the $12,000 was owened to the JDB, original lawyer has taken back over, original lawyer is giving non-answers to our questions...need some help here. I am writing this but my husband was the one sued.

 

In Maryland.

 

Some of these interrogatories seem excessive and , quite frankly, I don't want to give all this information to the law firm of the JDB. Are there any arguments to not answer or only provide partial answers? I don't even know where to start looking?

 

Here they are:

 

1) State your complete name (including middle name), address, telephone number, social security number, date of birth, any alias and/or address used in the past 6 years.

Give your nmes, but objection to ssn informstion sought after is private and not discoverable before a judgement has been rendered in favor of the Plaintiff.

2)Provide the name, address and telephone number of your current employer, if any. No harm here give them the info

 

3) Provide the name, branch address, and account numbers for any account you have, either by yourself or with any other person, at a financial  institution as defined under Maryland law.

Objection: relevancy, plaintiff is not seeking punitive damages, discovery of defendants financial information is inappropriate prejudgment. Information sought is not likely to lead to any relevant facts pertaining to the plaintiffs claim.

​Because of the whole lawyer back and forth debacle, we got this after the deadline and our lawyer got a 3 day extension. We have a bunch of joint accounts but we can't take my husband off by the time these are due. 

 

4) When were the above financial accounts opened?

Objection; same as no 3

5) State the name and relationship of any persons with whom you share an account at any financial institution.

Objection: same as no 3 and 4

6)If you have ever been married, state the name of your spouse(s) and the date(s) during which you were married.

Objection: not likely to lead to any discoverable evidence as it pertains to plaintiffs case.

7)Provide the location and description of any real property  you own or have interest in within the United States. Objection: same as no 3,4,5,and 6

​The houses is upside down and only in my name so I believe this would just be our two cars. The cars are in his name but one is worth about $1000 and the other is still being paid for.

 

8)Provide the location and description of any personal property valued at $1,000 or more which you own or have any interest in within the US.

See #7 Objection: same as all questions before

 

9) Doesn't apply to him anyway.

 

10) Doesn't apply to him anyway.

 

11) What portion, if any, of your personal or real property is exempt from execution? If you claim any property is exempt from attachment, state the legal basis for the claim.

Objection: same as all other questions.

Since there are just the cars I don't know if this applies to him anyway.

 

12) Provide a copy of your three most recently filed state and federal tax returns. Objection: same as all questions before

These questions are normally asked after a judgment has been rendered, and during a judgment debtor conference. Has a judgment been entered for the Plaintiff? If you are still in pretrial discovery these questions are inappropriate.

If a judgment has been rendered you have to answer them.

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Be careful about opening new accounts, if they think for a minute you closed any accounts or moved money around to try andhide it they can seek even more relief from the court.

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BTO429

This has been sent after the judgement. The judge ruled in favor of the plaintiff saying that is was likely that the JDB owned the debt and therefore my husband owed them $12,000. They used a rule to relax the rules of evidence. I don't know what rule they used and the lawyer didn't say much and now she isn't even working with attorney we hired in the first place.

 

It sounds like we just have to answer everything. We don't have a ton of money as it all gets used to pay bills each month. We are still digging out from what got us here in the first place.

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BTO429

This has been sent after the judgement. The judge ruled in favor of the plaintiff saying that is was likely that the JDB owned the debt and therefore my husband owed them $12,000. They used a rule to relax the rules of evidence. I don't know what rule they used and the lawyer didn't say much and now she isn't even working with attorney we hired in the first place.

 

It sounds like we just have to answer everything. We don't have a ton of money as it all gets used to pay bills each month. We are still digging out from what got us here in the first place.

You need to file an appeal asap. you got railroaded. I would make sure in your appeal that you state the plaintiff had no standing to sue and the court had no subject matter jurisdiction. Jurisdiction can be challenged at any time, even years after a judgment. You would file either an appeal, or a collateral suit in the next higher court in your county. You claim the judgment is void, not voidable, because the plaintiff did not prove standing to sue by proving ownership of the debt, and that the court erred in its decision.

 

Do plenty of research on the law of voids.

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State v. Ambrose, 191 Md. 353, 369, (1948)

a void judgment is subject to attack either directly by appeal or collaterally . . . . It does not constitute res judicata.”

 

Smith v. State, 240 Md. 464, 474 (1965)
A void judgment “is a mere nullity, which [is] disregarded entirely, and could [be] attacked collaterally, and . . . could [be] discharged by any other court of
competent jurisdiction."
 
Maryland requires collection agencies to be licensed, check with your state to see if they hold a license.
LVNV Funding, LLC v. Trice, 952 N.E.2d 1232 (Ill. App. 2011)

“legislature’s criminalization of an unregistered collection agency’s collection of a debt establishes an intent to void any judgment entered in favor of an

unregistered collection agency.” at 1234
 
Read Larry Finch, ET, Al v LVNV Funding it is one of your States leading cases in void judgments. If contains tons of case law that can help you.

you can the case at http://www.mdcourts.gov/opinions/cosa/2013/0704s12.pdf

 

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Be careful about opening new accounts, if they think for a minute you closed any accounts or moved money around to try andhide it they can seek even more relief from the court.

 

That's only if so ordered or state/local rules say so. What you say at a debtors exam does need to be correct and accurate at the time of the exam. What you do after that generally (check local rules of course) isn't subject to penalties.

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That's only if so ordered or state/local rules say so. What you say at a debtors exam does need to be correct and accurate at the time of the exam. What you do after that generally (check local rules of course) isn't subject to penalties.

That is why I said be careful.....in my state they can hit you with fraud and other junk, there are enough exemptions in this state you shouldn't have to hide things.

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Guest usctrojanalum

That's only if so ordered or state/local rules say so. What you say at a debtors exam does need to be correct and accurate at the time of the exam. What you do after that generally (check local rules of course) isn't subject to penalties.

 

this is actually not true, if you sequester your assets to avoid paying creditors there can be very stiff penalties.  It's sometimes hard to prove though.

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Unfortunately, a new account at this time will not help as the money is already comingled in the present account. You need to take steps to protect your pay and such. I may be wrong but if you put a notice in the paper that you are not responsible for your spouses debts, then you can separate money. Then you can get an account in your name and separate the money. The money presently in the account is smoked, I would pay bills now with it and not transfer money to new accounts and delay as long as possible also appeal if the option is available would help. a motion for new trial with the attorney falling on her sword for you will help. Don't worry they do it all the time.

 

Those are some strategic things.

 

For the interrogatories answer as generally as you can.

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So this is a massive mess. As I said, the lawyer we hired gave the case to an "associate" but he is no longer working with her. We have been going back and forth with our lawyer to get some sort of direction or answer out of him and he is giving us nothing. My husband told him we won't be working with him anymore.

 

The plaintiff's lawyer has said things like he will only accept payment over time with 10% interest, we were trying to offer him a lump payment now but have no idea how that was received. This is a JDB.

 

I want to try to get this overturned if possible. The plaintiff's lawyer had the rules of evidence relaxed in court so they only had to prove it was likely that they owned the debt and the amount was correct.

 

I don't know where to start in this one. Can someone point me in a direction so I can start researching what to do next?

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