Received Request For Production of Documents In AID of Execution HELP!!

[catfish]

Please Help -  I received this Aid Of Execution

 

This PRODUCTION OF DOCUMENTS seems very invasive to my privacy, its as if they want me to do all the work in findings to force Judgment. This is a Fla. Civ. Court for a 2009 Credit Card default Judgment of $19,000 against me.

 

I was never served or new about this so I assume they did a sewer service to an old address long after the postal forwarding service ended.

 

I have nothing they can get as im a hardship living with family. No current job for past 5 years, no furniture or anything of value. my car is 15 years old and is falling apart. No savings or large retirement accounts. I had hardship withdraws many years ago so nothing much left. I'm living on a shoe-string. This might be time to go BK 7... don't really have the money to hire a BK Attorney.

 

 

>> Some of these are very loaded demands for PRODUCTION OF DOCUMENTS. This is for Credit Card debt not a business.

 

 

Question: Do I mail this just to the court?  or Do I also mail this to the CA who sent this and is representing (Judgment Creditor has No Addrss given)? or All? by certified mail or signed return recept?

 

Question: I need a little Help Answering as I'm unsure if using the word "None" is allowed or the word "Denied" or the words "Dose Not Apply" ? In other words if it do not apply to me at all do I leave it blank or what word is best to Answer so that there is no blank?

 

I could used some ANSWER's found on this fourm that could apply. I'm guessing wording make a differance...

 

Question: If I do not answer and return what will happen?

 

Question: If I was to answer DENIED for all what would happen?

 

I would really appreciate any help or suggestions.

 

 

PLAINTIFF/JUDGMENT CREDITOR'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS IN AID OF EXECUTION TO DEFENDANT/JUDGMENT DEBTOR   Fla.  1.350

 

 

Personal Documents To Produce

 

1) For each stock brokerage, annuity, IRA, 401K account which you have had within the past 40 months

 

Statements for past 36 months

Cancelled checks for past 36 months

Records of Deposits and transfers for past 36 months

 

ANSWER:  Objection on the grounds that it is personal, confidential, and private.  Without waiving objection defendant states this request is overly broad, unduly burdensom, and out of the contorl and custody of the defendant. Plaintiff has provided no evidence sufficient to overcome Defendant’s privacy interests.

 

or this one

 

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

 

 

2) For each bank, credit union and loan account which you or your spouse have within the past 40 months:

 

Statements for past 36 months

Checkbooks covering 36 months

Cancelled checks for past 36 months

 

ANSWER:  Objection on the grounds that it is personal, confidential, and private.  Without waiving objection defendant states this request is overly broad, unduly burdensom, and out of the contorl and custody of the defendant. Plaintiff has provided no evidence sufficient to overcome Defendant’s privacy interests. 

 

or this one

 

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

 

 

 

3) For each Trust wherein you now are, or within 60 months where trustor, trustee, executor, beneficiary for alternate of either

 

All documents evidencing the trust's formation, funding, beneficiaries, recordation, property or money transferred to the trust

any person or entity or form from the trust to any person or entity

 

ANSWER:  None

 

 

 

4) For each safe deposit box which you had within the past 120 months

 

Box agreement, bills for box rent, documents evidencing content of box

List of things removed from box since date of this judgment

 

ANSWER:  None

 

 

 

5)All documents dating within the past 40 months relating in any way to:

 

Non employment income and or payments to you from any source

Employment and income from employment

Business activities of any kind

Gifts, transfers and donatons from any source or that you have made

Property and money obtained, lent, borrowed, invested, sold. lost or abandoned

Insurance polilies you hold or have held within past 36 months for home, business,

vehicles, life insurance policies, and other insurance policies now in force, orin force within past 12 months

Any transfers exceeding $500 in value you have made to a third person within the past 60 months

 

ANSWER:  Objection on the grounds that it is personal, confidential, and private.  This interrogatory would result in the disclosure of information where such disclosure would violate the privacy rights of the defendant. Plaintiff has provided no evidence sufficient to overcome Defendant’s privacy interests.

 

 

6) Tax

 

Federal and State Income tax retuns for the past 60 months for you and your spouse all pages,

all attachments, all supporting documents.

 

ANSWER:  None Filed, Unemployed for last 5 years, live with and supported by Family

 

 

 

7) Property or money that you have immediate or contingent rights to which may be in the hands of others including:

 

money or Property owed to you by any one

Judgments or suits you have filed or filed against you 

Credit Applied for

Loans and Mortgages obtained or paid

Refinancing of loans and Mortgages

Insurance Claims pending

 

ANSWER:  None    

side note there could be other judgments against me???

 

 

8) Documents evidencing life insurance, annuity, and/or pensions

 

ANSWER:  Objection on the grounds that it is personal, confidential, and private.  This interrogatory would result in the disclosure of information where such disclosure would violate the privacy rights of the defendant. Plaintiff has provided no evidence sufficient to overcome Defendant’s privacy interests.

 

 

 

9) Vehicles - all documents evidencing

 

Vehicles, RV's, planes or boats owned, purchased, rented, gifted, leased or sold within past 60 months

 

ANSWER:  Denied

 

or

 

ANSWER: just give make model and year of Vehicle

 

 

 

10) Receipts, warranties for all consumer goods valued over $250 purchased within the past 36 months

 

ANSWER:  None

 

 

11) All deeds you have executed within that past 60 months

 

ANSWER:  None

 

 

 

12) All deeds you have executed wholly or partly in your favor within the past 60 months

 

 

ANSWER:  None

 

 

 

 

[Clydesmom]

Those seem like debtors exam questions not rogs or demand for documents during a suit. Are youbsure they dont have a judgment?

[shellieh98]

So you have to provide answers, not objections. This is not a case where they have to prove anything, they already have a judgement. This is a debtors exam, and if you don't comply you could be in contempt and actually serve jail time. So let's look at your options.

Question: Do I mail this just to the court? or Do I also mail this to the CA who sent this and is representing (Judgment Creditor has No Addrss given)? or All? by certified mail or signed return recept? Send it to the address listed on the papers. I would send them certified.

Question: I need a little Help Answering as I'm unsure if using the word "None" is allowed or the word "Denied" or the words "Dose Not Apply" ? In other words if it do not apply to me at all do I leave it blank or what word is best to Answer so that there is no blank?

No you need to answer them, no objections. If you don't know the answer or the answer is none, state so.

I could used some ANSWER's found on this fourm that could apply. I'm guessing wording make a differance...

No, they don't apply, you already have a judgement they don't have to prove anything.

Question: If I do not answer and return what will happen? You could be in contempt, and could do jail time

Question: If I was to answer DENIED for all what would happen? See above

So your options: you could motion the court for a vacate of the judgement listing the reasons..you were not served, had no knowledge of the judgement, etc. most states have a time limitation of when you can file to vacate, usually one year from judgement, but some have a clause of 1 year from when you found out about the judgement.

If you have no assets, it won't matter if you do answer, they can't take your car, they could seize any money you have in your bank account.

Personally I would file bk, you can do it your self, get help from your local court, most courts have a legal help dept., or other recourses.

[catfish]

Thanks for replying shellieh98

 

Here is a few more thoughts and questions:

 

Has anyone here on this forum actually been in jail for credit card debt? no such this a debt prison.

I thought they had to compel in court to get access to anything.

 

Yes this is a judgment at this point i'm not sure if motion the court for a vacate of the judgement would even be worth doing.

 

They would be doing me favor taking my car lol...  but I think the cost to do this would be expensive from what I read about their fees to do this.

 

So I have to supply copies of Documents for this Request to the CA?  How is this not a privacy concern. This will show all my SS#  and personal transactions from checking. How can I know if they will not miss use my information? This is a lot of paper to mail out what if was to get lost I could become a victim of ID theft

 

I was reading Fla.  1.350 very confusing...

 

 

So I need to send to the court and CA?

The name of the court is on the front page for county but not the address

The CA Attorneys address is on another page who is representing Judgment creditor (JC) but not JC address.

 

BK 7 Don't I have to take a class on finance and debt prior to filing BK?   

I would be out of time as I have to get this returned document request back in 30 days.

 

 

Should I file NOW for my exemptions below that FL provides?

 

Debtors' Rights In Florida: Claiming Your Exemptions From Judgments

Your Personal Property

If you do not claim the homestead exemption described above, you have the right to claim a personal property exemption of up to $4,000 per person. Unless the judgment creditor has a lien or security interest in the property (for example a furniture loan) you can protect up to $4,000 of your personal belongings. Note that this exemption does not apply to child or spousal support debts.

If you own more than $4,000 worth of personal property, you can choose which property to protect. The personal property can include money held in a bank account.

 

Your Vehicle

You can also claim an exemption of up to $1000 of the value of your vehicle under Florida law. This means that your vehicle cannot be taken to satisfy a judgment unless the value of the car, less all debts for which the vehicle is collateral, is greater than $1,000.

If a judgment creditor or sheriff takes your vehicle under an execution and its value to you is less than the value that you claimed as exempt as above described, you can apply to the court for recognition of your exemption and request the return of your vehicle. Your affidavit of exemption should be filed with the court and the sheriff.

Combining Exemptions

You can combine the $1000 vehicle exemption, with the $4000 personal property exemption. In this case, for example, you would be able to claim a total exemption of $5000 for your vehicle.

[BeachesandBeer]

Find a  bankruptcy lawyer who will take $100 down to start your case. You are then represented and can tell the collectors you now have a bankruptcy attorney and to speak with them.

[catfish]

So your options: you could motion the court for a vacate of the judgement listing the reasons..you were not served, had no knowledge of the judgement, etc.

I was not served these papers they where mail to me normal mail

If you have no assets, it won't matter if you do answer, they can't take your car

 

Are you sure of this aprox value of my car is maybe $2,400 on KBB.com ?

I'm still wounder if I need to or how to  go about Claiming Your Florida Exemptions From Judgments to protect my car. Is there some from I get from the court or something?

 

If you have no assets, it won't matter if you do answer, they can't take your car, they could seize any money you have in your bank account.

 

I think I will have to be unbanked then... they loose out by coming down on people in hardship.

Personally I would file bk, you can do it your self, get help from your local court, most courts have a legal help dept., or other recourses.

 

Yes been thinking hard to go BK 7 next week.  Doing myself not sure, how hard are the rules?

I twill be looking for BK attorney any tips how to choose a good one?

 

Any help would be greatly appreciated!

[catfish]

RE: Find a  bankruptcy lawyer who will take $100 down to start your case. You are then represented and can tell the collectors you now have a bankruptcy attorney and to speak with them.

 

I will be looking tomorrow for a lawyer, is there any tips to tell if they are a good one?

What is the average cost to file BK?

[shellieh98]

Here the cost is about 500.00 to do it yourself. I don't know what a lawyer would charge. They should have legal help workshop or something similar in your court.

[LawKitty]

To file a Chapter 7 bankruptcy, you do have to take a pre-bankruptcy course before you file. I have a website I give my clients and it only costs $9.95 for the course. You also take one after bankruptcy and it costs the same. My office does routine Chapter 7 bankruptcies for $995, but that depends on the details of your situation. Many attorneys will take payments, but generally the bankruptcy won't actually be filed until the fees are paid. It's possible to get the filing fees waived for Chapter 7 bankruptcy if the Court finds you indigent. Otherwise it's a little over $300 to file bankruptcy. An attorney's representation generally begins when you do make your first payment, so sometimes that gives debtors a little bit of relief in that creditors will be contacting the attorney instead of you. The timing of when you file your bankruptcy petition is also important. You don't want to do it when you just received a windfall, but rather when you have the least amount of money in the bank. It's not a quick process getting ready to file bankruptcy because of the information and documents that generally need to be gathered, but once the petition is filed, it usually doesn't take too long to get a discharge (around 2-3 months if everything looks good).

It sounds like you have a judgment that you weren't aware of. While it may be possible to try to get it vacated, depending on how long ago it was, it may not be worth your while to go that route if you are basically judgment proof. A bankruptcy would get rid of the judgment (and any other unsecured debts you might have) but I'd advise discussing your situation with an attorney to see if it's right for you. Many of us offer free consults. Then you can decide whether to proceed and whether to try to do it yourself or with an attorney. As a poster above stated, they do have self-help clinics for bankruptcy and people can do it on their own.

Hope that helps.

[debtzapper]

@LawKitty

Thanks for coming by again! I still remember your original thread from a while back when you came here to help out a friend. We appreciate lawyers who continue to post here. I wish you well in your practice. See my PM.