Judgement Question

[SwimminUpStream]

We have a judgement against us for $9K.

We just received all the final paperwork from their attorney and in it is this big long question page where they want all this info from us.

Work, bank account numbers, kids address and number if they do not live with us, property, SS#'s etc etc.

It states I have to fill this out and return in 45 days, or I MIGHT be subjected to other legal action.

Does this in fact HAVE to be filled out? Or is the attorney just looking for an easy way to get all my info?

Heck all this info (just about all) was on the finance paperwork when we purchased the motorhome...so they really do have all this info already!

Thanks for the help.

[HHM]

What attorney are you referring too and who is asking for the paperwork.

If it is what I think it is, those are post judgment interrogatories; yes, you must complete them, and yes, if you don't complete the forms and turn them in on time, they can file a motion to hold you in contempt of court.

[treehugger1]

Now that they have the judgment, they are on a fishing expedition for employment, bank accounts, assets, etc.

It depends upon your state whether you volunatrily answer the interrogatories. In some states you can choose to ignore and wait to be compelled to court before a judge.

I would say kid's addresses, other relatives, other non-family household members are unnecessary information and not relevant.

At some point, you could be pulled in for a debtor's exam and you will have to provide the personal assets/account/work information. You can let a judge decide the relevancy of the other questions.

I'm not an attorney, so the above is just my opinion.

[SwimminUpStream]

The attorney for the finance company is asking for this info.

I am in the State of Florida.

[catleg]

Would it make sense to just give them partial information? Can you get away with that? Inquiring minds want to now.

[SwimminUpStream]

Well that was kinda my thought. Shoot, I will give them employment info and wages, ss #, etc..like I said they had all that to begin with when we financed the motorhome. I will give them BA info, they want DL#, cars we own, want a copy of my mtg or deed..not sure why they need that. I am not willing to give out kids info.

This was the wonderful company that told us if we surrendered our MH (this is when we thought we were going to file BK13) and let them sell it, they would work with us on any balance owed. Heck, we even drove the MH to the place that was going to consign it for the finance co.!!

Never got anything in the mail, until this final judgement. Did not know the unit sold, nor that we were being sued. Lovely process of being able to serve thru mail here in Florida.

[2Bshinyandnew]

Well that was kinda my thought. Shoot, I will give them employment info and wages, ss #, etc..like I said they had all that to begin with when we financed the motorhome. I will give them BA info, they want DL#, cars we own, want a copy of my mtg or deed..not sure why they need that. I am not willing to give out kids info.

This was the wonderful company that told us if we surrendered our MH (this is when we thought we were going to file BK13) and let them sell it, they would work with us on any balance owed. Heck, we even drove the MH to the place that was going to consign it for the finance co.!!

Never got anything in the mail, until this final judgement. Did not know the unit sold, nor that we were being sued. Lovely process of being able to serve thru mail here in Florida.

In Florida the standard post judgment interrogatories or Form 1.977 can be seen here on page 119:

http://www.ninthcircuit.org/programs-services/court-resource-center/downloads/301CIVIL.pdf

The form is pretty much the same regardless of which circuit court you are in. Is this the form you received? Funny how the form got to you by mail, but the summons/complaint did not.

The question about children is relevant because if you provide support for a minor, your wages (it might be up t a certain amount) are exempt from garnishment. The rest of the questions you can be forced to answer and if you don't the attorney for the plaintiff can file a motion to compel you to answer.

It costs them $$$ to file motions and pay the attorney to do this.

[SwimminUpStream]

Yes it pretty much looks like that form, only they made some customizations to it. It also asks for your children's address and phone numbers if they do not live at home. They have zip to do with this, so that is not their business. I am guessing in case they have to "hunt" you down they want this info.

[2Bshinyandnew]

Yes it pretty much looks like that form, only they made some customizations to it. It also asks for your children's address and phone numbers if they do not live at home. They have zip to do with this, so that is not their business. I am guessing in case they have to "hunt" you down they want this info.

Any question that veers away from the above form I would not answer. The above form is approved by the Florida Bar so an objection to any question on Form 1.977 is likely going to be overruled (if it comes to that point) It is hard to not answer the questions that come from the standard form, but anything else is game for a nicely worded "Objection not relevant" responses. Do you have a BK attorney? Are you filing BK any time soon?

[floridian]

i read the questionaire and all i can say, is that its absurd....you have to produce all sales contracts for the last 3 years... i couldnt do that if my life depended upon it, as i wouldnt know where to start.. 3 years of tax returns.... unbelievable.... its just harrassment as far as im concerned...

[2Bshinyandnew]

i read the questionaire and all i can say, is that its absurd....you have to produce all sales contracts for the last 3 years... i couldnt do that if my life depended upon it, as i wouldnt know where to start.. 3 years of tax returns.... unbelievable.... its just harrassment as far as im concerned...

Although the questions have to be answered, unlike when a BK trustee asks for information, the debtor need only make reasonable attempts to obtain the information. The debtor may respond that the information is not available, has been lost, thrown away or destroyed, or the request is overly burdensome. For collection of a $9000 debt, I doubt the creditor is going to be willing to spend $3000 on legal fees. I'm not sure if post-judgment fees can be tacked on or not.

[SwimminUpStream]

We had hired a BK attorney last year, paid him in full and then decided (since we did not get clear, good info from him at first) not to file BK13. We are not in threat of loosing home or cars. Just alot of CC debt and this MH. Alot of the CC's have worked with us and we have paid several off. But this MH got the judgement and we will now deal with it. Not sure how it will be dealt, but can't attach home. Owe more on car that it is worth, other car not worth bumpkus. Best they can do is garnish wages, I guess

[SwimminUpStream]

Nope, all I received was the "Final Judgement", it is from the courthouse. It just came in regular mail. That is how I first became aware of this. Had no clue. I mean I knew somewhere along the line I would owe whatever the balance was on the loan after the MH was sold. But I was never notified it was sold, never notified I was being taken to court..nada.

I wonder if it is too late now to make some sort of payment arrangement? Rather do that than have wages garnished.

[2Bshinyandnew]

According to the Florida Rules of Civil Procedure, if a defendant is served via mail it must be certified mail return receipt requested. See below.

Do you have access to your county clerks online docket? If yes, try and find your case.

I would call the clerk and ask how you request "proof of service" in connection with this case. I believe you can also ask the attorney for the creditor to supply you with a copy of the Proof of Service.

If you look through the cases on the docket in your county you'll see that every case requires the plaintiff file a notice with the court saying a summons was sent. If the summons was served or "Executed", then on a separate entry the plaintiff must file a notice saying so and when. The docket will not always provide specific details like form of service. If service was not successful, you may see entries where the plaintiff tries different methods of service and alias's. Ultimately, the plaintiff has to tell the court, "hey, the person I'm suing was properly served (service was EXECUTED) on xx/xx/xxxx, OR that the service was UNEXECUTED.

In your case if the no return receipt is produced, or it looks questionable, you can try to file a motion to dismiss due to insufficiency of process.

First though, I would try and get onto the online docket, see what has been filed and when, and try and get a hold of whatever the Plaintiff is claiming is their proof of service, which should be a receipt that it was sent certified mail. At the very least you may be able to hold things up a bit.

http://phonl.com/fl_law/rules/FRCP/frcp1070.htm

Florida Rules of Civil Procedure
RULE 1.070 PROCESS

(i) Service of Process by Mail. A defendant may accept service of process by mail.

(1) Acceptance of service of a complaint by mail does not thereby waive any objection to the venue or to the jurisdiction of the court over the person of the defendant.

(2) A plaintiff may notify any defendant of the commencement of the action and request that the defendant waive service of a summons. The notice and request shall:

(A) be in writing and be addressed directly to the defendant, if an individual, or to an officer or managing or general agent of the defendant or other agent authorized by appointment or law to receive service of process;

(B) be dispatched by certified mail, return receipt requested;

(C) be accompanied by a copy of the complaint and shall identify the court in which it has been filed;

(D) inform the defendant of the consequences of compliance and of failure to comply with the request;

(E) state the date on which the request is sent;

(F) allow the defendant 20 days from the date on which the request is received to return the waiver, or, if the address of the defendant is outside of the United States, thirty days from the date on which it is received to return the waiver; and

(G) provide the defendant with an extra copy of the notice and request, including the waiver, as well as a prepaid means of compliance in writing.

(3) If a defendant fails to comply with a request for waiver within the time provided herein, the court shall impose the costs subsequently incurred in effecting service on the defendant unless good cause for the failure is shown.

(4) A defendant who, before being served with process, timely returns a waiver so requested is not required to respond to the complaint until 60 days after the date the defendant received the request for waiver of service. For purposes of computing any time prescribed or allowed by these rules, service of process shall be deemed effected 20 days before the time required to respond to the complaint.

(5) When the plaintiff files a waiver of service with the court, the action shall proceed, except as provided in subdivision (4) above, as if a summons and complaint had been served at the time of filing the waiver, and no further proof of service shall be required.

[chad9162]

In CA, failing to answer questions will result in sanctions or fines. Basically you'll have to pay attorney fees (the time it took to file the motion, court time, and court fees). You can try to argue "service" but that is entirely a separate motion. It also has to be done correctly or they'll just drop it. Obviously, if you received the documents/questions "service" is a bit moot. You could lie and prolong the inevitable, but eventually they'll start garnishing you. In CA they are entitled to 25%, unless you can show hardship....