Well add another Judgment to my name....

[Freddy03]

Well case number 2 didn't go the way I was expecting

Judge was not happy that dh couldn't get off work to attend so he was going to get the default judgment anyway so I just accepted the summary judgment and now have 45 days to get them my finanical info.

Does anyone know in FL when can they start collecting on the judgment? Do they have to wait the 45 days or can they start tomorrow??

I called the court house and they told me they have to wait 45 days but I'm not to comfortable with that b/c I was given wrong info from them in the past.

I will be filing BK right at the 45 day mark so I'm cutting it close. "They" know I'm filing because it was discussed at the trial. They also know where I work b/c on the summons they listed both of our employers.

Thanks!

[Freddy03]

Anyone?

I called the court house again and they told me they only have to wait 10 days. Figures I'd get 2 different answers. Does anyone on here know for sure??

My BK plans will def be put on hold if I wake up one morning and my bank acct is wiped out.

[Pandora]

Freddy

I'm guessing you can have the judgments removed but thats just more to the process vs. just filing before they were issued. Refresh my memory as to why you're waiting to file?

Have no experience with judgments but I'm sure someone will pop on and give you more insight.

[Freddy03]

Freddy

I'm guessing you can have the judgments removed but thats just more to the process vs. just filing before they were issued. Refresh my memory as to why you're waiting to file?

Have no experience with judgments but I'm sure someone will pop on and give you more insight.

I'm waiting to file b/c I need to file my tax return (now with the tax law change I'll have to file around 2/14) so I can use my refund to pay back property taxes and BK attorney.

This is making me sick today - They judgment creditor knows where both my husband and I work (our work addresses were on the summons). And they know I'm filing BK in the next few weeks (it was discussed in court). I just don't want them to try and get something from me before I file.

[Pandora]

Make sure you check with your attorney about paying anything with the tax return, asking if it's counted as income and if so, make sure you can exempt i. I believe it will be counted against your median income, and then as an asset if you want to keep it, thereby having to exempt it.

RE: your taking time off work w/out pay - be careful about doing that because your trustee could take issue with it since the reasoning behind it is to lower your 6 month lookback. Make sure you ask your attorney everything you're proposing to do before you do it.

[Pandora]

I dont know where in FL you are (county) but I did manage to find this as to how it all goes down re: judgments:

http://www.clerk.co.okeechobee.fl.us/PDF%20Files/How%20To%20Collect%20a%20Judgment%20In%20Florida.pdf

also - this has a lot of info as well: (has accounts on how it works after judgments are awarded - step by step)

http://www.henlaw.com/uploads/content/The%20Lender%27s%20Perspective%20November%202008.pdf

Hope it can help you

[SunshineGal]

Hi Freddy,

The creditor knows you're getting ready to file...my guess is they will sit on the judgment and see what happens. If it will make you feel any better you can search through the dockets and see what the normal course of action is for them.

Don't worry too much about the tax refund. Get it, spend it, and know what you did with it in case the trustee asks, but it should NOT be counted as income. I stressed big time about that one last year and didn't need to.

One more note: Be sure to remind your attorney to send a suggestion of bankruptcy to the plaintiffs and the court when you file. You'll need in order to avoid filling out the fact sheet.

Finally, I really believe that you're better off waiting until the time is right to file a bk than to rush due to a judgment. Yes, there is the extra $250 or so to vacate, but it beats having a large bill with the trustee or worse, 5 years of a chapter 13 plan.

Feel free to pm me anytime if I can help, even if you just need to vent, lol. Been there so I understand.

[tobee43]

Hi Freddy,

The creditor knows you're getting ready to file...my guess is they will sit on the judgment and see what happens. If it will make you feel any better you can search through the dockets and see what the normal course of action is for them.

Don't worry too much about the tax refund. Get it, spend it, and know what you did with it in case the trustee asks, but it should NOT be counted as income. I stressed big time about that one last year and didn't need to.

One more note: Be sure to remind your attorney to send a suggestion of bankruptcy to the plaintiffs and the court when you file. You'll need in order to avoid filling out the fact sheet.

Finally, I really believe that you're better off waiting until the time is right to file a bk than to rush due to a judgment. Yes, there is the extra $250 or so to vacate, but it beats having a large bill with the trustee or worse, 5 years of a chapter 13 plan.

Feel free to pm me anytime if I can help, even if you just need to vent, lol. Been there so I understand.

Freddy i'm with SG here....we were actually advised to spend our tax return immediately ....and the trustee never even asked where it went. ( and it was large). pandora gave some good info...

i think it's going to just fine. even if they begin to move on the judgments, once you file, a stay will be put into effect and i think since you're filing soon it will go ok. then once your discharge is completed have your atty file the motions to vacate both the judgments. it will have to be two separate motions, but really it should go smooth.

[Freddy03]

Thanks guys - I'll take a look at those links.

I did talk to my attorney and he was the one who suggested we wait until after we have spent our refund. It just stinks with the tax change we have to wait to file. I would have normally filed my return by now.

I'm going to post my expenses here one more time if someone could take a look at it (esp. someone in FL) and see if anything jumps out.

Tobee - I did check the other cases the same plaintiff had in my county and it's either hit or miss (meaning - they started the garnishments right away and others they haven't touched) so I'll be stressing about this for a few more weeks...LoL Where ya been?? I missed you...LOL

Expenses:
Gas (cars)- Montly $340.00
Food/Cleaning/Personal - Monthly $1,200.00
Clothing - Monthly $150.00
Medical - Monthly $210.00
Utilities - Monthly (Electric/Water) $321.00
Cable/internet - Monthly $130.00
Phone (3 cell phones only)- Monthly $140.00
Home - Tax/Ins $250.00
HOA $100.00
Mortgage $1,650.00
HELC - Mortgage $271.00
Car Payment $385.00
Misc - Car/Home Repairs $200.00
Tolls/Parking $115.00
Auto Ins $200.00
Entertainment $75.00
Misc - Pet Care $50.00
Dry Cleaning $30.00

Total: $5,817.00

Total take home pay (minus taxes & healthins/union dues/etc) $5838 (this also includes my regular pay and hubs VA disability)

[Pandora]

I was referring to if Freddy was made to file Ch. 13 - then yes, the tax refund will be counted as disposable income for the purpose of payback. In a Ch. 7, it is counted as an asset, which you either must exempt or turn over (depending on what chapter you file); its also an asset in a Ch. 13 but it's included in your DMI.

I know that its not truly "income" guess I just thought it was understood... sorry bout that Freddy!

ETA: still ensure you ask your attorney about spending the return - while it should be okay, if you're pushed into a 13 and you spent it all, you will have to either exempt it if you can, and if not, you'll have to pay it back in your plan.

[Pandora]

Freddy -

looks okay, but there are some areas that may be questioned:

clothing allowance: we're a family of 3 and we were only allowed $75 total ($25 pp)
dry cleaning: thats supposed to fall under personal care I think - or at least ours did.

cable/internet looks okay but may be questioned depending on the trustee

If you just started any retirement contributions and they werent in place prior, it may be questioned - but most are allowed (ours was)

Any school lunches / activities/ sports? make sure you count those if you have them!

[tobee43]

Thanks guys - I'll take a look at those links.

I did talk to my attorney and he was the one who suggested we wait until after we have spent our refund. It just stinks with the tax change we have to wait to file. I would have normally filed my return by now.

I'm going to post my expenses here one more time if someone could take a look at it (esp. someone in FL) and see if anything jumps out.

Tobee - I did check the other cases the same plaintiff had in my county and it's either hit or miss (meaning - they started the garnishments right away and others they haven't touched) so I'll be stressing about this for a few more weeks...LoL Where ya been?? I missed you...LOL

Expenses:
Gas (cars)- Montly $340.00
Food/Cleaning/Personal - Monthly $1,200.00
Clothing - Monthly $150.00
Medical - Monthly $210.00
Utilities - Monthly (Electric/Water) $321.00
Cable/internet - Monthly $130.00
Phone (3 cell phones only)- Monthly $140.00
Home - Tax/Ins $250.00
HOA $100.00
Mortgage $1,650.00
HELC - Mortgage $271.00
Car Payment $385.00
Misc - Car/Home Repairs $200.00
Tolls/Parking $115.00
Auto Ins $200.00
Entertainment $75.00
Misc - Pet Care $50.00
Dry Cleaning $30.00

Total: $5,817.00

Total take home pay (minus taxes & healthins/union dues/etc) $5838 (this also includes my regular pay and hubs VA disability)

yes, it's in terrible here in fl...we can't count on any ONE method of what to expect!!! and really by the looks of your dmi...you are squeezing it tight as can be!

sweet of you to miss me and ask.....was in the hospital for 5 days was suppose to be an in and out quick thing but a long recovery time but now it turned out to be a long stay yuck and a bit longer recovery time..... and at least today i'm finally UP!!!

really...i can't wait until this is over for YOU! and when it is...we have to meet at seaworld and go under the sprinklers in the toddler park!! LOL!!!!!!!!!

[Freddy03]

Freddy -

looks okay, but there are some areas that may be questioned:

clothing allowance: we're a family of 3 and we were only allowed $75 total ($25 pp)
dry cleaning: thats supposed to fall under personal care I think - or at least ours did.

cable/internet looks okay but may be questioned depending on the trustee

If you just started any retirement contributions and they werent in place prior, it may be questioned - but most are allowed (ours was)

Any school lunches / activities/ sports? make sure you count those if you have them!

Thanks - I had school stuff in my other expenses but someone said that should be included in your food. Also I guess the allowance for food/personal/clothing is $1371 so someone said to get food and clothes close to $1371.

My husband's job requires dry cleaning so I'm hoping that would pass.

I stopped the 401K contributions when things started getting tight. I haven't started it back up yet. I'm going to wait until this mess is over.

My attorney did say if the trustee questioned the tax refund we would have to pay it back but since I'm paying my taxes with it - it shouldn't be a problem.

[Freddy03]

yes, it's in terrible here in fl...we can't count on any ONE method of what to expect!!! and really by the looks of your dmi...you are squeezing it tight as can be!

sweet of you to miss me and ask.....was in the hospital for 5 days was suppose to be an in and out quick thing but a long recovery time but now it turned out to be a long stay yuck and a bit longer recovery time..... and at least today i'm finally UP!!!

really...i can't wait until this is over for YOU! and when it is...we have to meet at seaworld and go under the sprinklers in the toddler park!! LOL!!!!!!!!!

OH no!! I hope you are OK!!!

[debee]

School lunch has to go with food/apparel/personal, but school expenses you can break out on their own. Those are educational expenses and they get their own category and standard from line 38 of the means test. Dry cleaning goes with food/apparel/personal.