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 on: April 30, 2012, 08:34:16 PM 
Started by Null0 - Last post by Null0
Default Judgment from 2007. Writ of Garnishment served to my employer and I filed for Head of Household exemption. Opposing counsel files a response to my claim of exemption and requested a deposition. Went to deposition and produced all documents that pertained to me as requested (Bank statements, 3 years taxes records, pay stubs). Attorney on phone immediately after depo was over asked if I wanted to offer a settlement. I offered 30% of original judgment. Received word they declined my offer and received notice of a hearing in front of a judge later this week.

I believe I meet the FL requirement for HoH as I provide more than 50% support for a dependent -I make more than 50% more than my wife and our adolescent child lives with us. 

On the morning of the HoH hearing opposing cousel calls and says they are cancelling hearing. I verify with clerk of the court and it is confirmed. 

On 4/23 I received notice of voluntary dissolution of the writ of garnishment from OC.  I hadn't heard anything until today when I happened to check my public records and found they have issued a new writ of garnishment on the joint bank account I have with my spouse.  I called the bank and they had not been served with the writ as of 1PM today.  I then went to the bank and removed my name from the account in order to not tie up my wife's money in this situation.  (She is not named in the judgement.)

Now that my name is off the account, what recourse should I expect? How can I prove head of household to prevent this game of cat and mouse they keep playing? 

Thank you.

 on: April 30, 2012, 03:27:51 PM 
Started by SadieGrace - Last post by SadieGrace
In a debt collection case where SOL was falsely tolled, if the case is dismissed by the judge (no order done to determine with or withour prejudice) after the SOL date, can the case be re-filed?  If so, is there a certain timeframe it must be re-filed in? 

 on: April 09, 2012, 09:07:46 AM 
Started by mgepark - Last post by mgepark
I received a Notice To Appear For Pretrial Conference Mediation (Small Claims Division) on 1/26/12 to appear 4/11/12. The creditor is American Express Bank FSB and attorney Pollack and Rosen. Can anybody advise what to expect and provide any advice. It says case will not be tried at pretrial conference but may be mediated at that time. Thanks.

 on: March 21, 2012, 05:59:45 PM 
Started by floridasued - Last post by floridasued
I have been fighting LVNV for a year now on an old supposed line of credit debt.  There is a possibilty of this account having been my deceased fathers.  I have been to court 3 times. The last apperance the judge allowed the atttorneys for LVNV to get my bank statement that coinsides with the last payment shown on the account statement.   The judge asked if getting that months statement would put an end to this case and the attorney said it should and I agreed.  I received the statemnt and it shows no payment from my account to the original creditor shown on the credit statement. 

It has been a month since I gave LVNV the statement as they requested.  Now, I get a form letter in the mail from the attorney trying to setup a deposition date with my client ( thats me Pro Se). I agreed to a date and asked to be notified by mail of the location etc..  Tomorrow is that date and I have received nothing in the mail.

After a year of discovery and 3 court apperances and no evidence it is my debt, why are they deposing me now?  Can anyone give me an idea? are they trying to get me to screw up and get sanctions?

 on: March 14, 2012, 04:31:28 PM 
Started by rubyruby27 - Last post by creditstudent38

you can look at Encore (a.k.a. Midland Funding LLC, Midland Credit Mgt..) and what they buy and for how much.
It went down from 9 to 15 cents on face value per dollar, to 5 cents to 9 cents and they mention some slowing down...

i found this whil researching the Sheridan v. Midland funding case (she won) and they still buy (and aggressively litigate) debts purchased for pennies on the dollar..
they are still making a killing on struggling people and it's wrong!

you can see how they buy almost blindly on volume and what they actually paid for these toxic debts that they THEN go after the full amount in court..

 on: March 14, 2012, 04:14:01 PM 
Started by creditstudent38 - Last post by creditstudent38
Exemption from Creditors

here is link to florida statute 222.22 exempting qualified tuition funds from liens, levy, judgement .


 on: October 23, 2011, 12:07:44 PM 
Started by floridasued - Last post by cmart56
which court are you in? small claims,county,or circuit? have you followed up on your request for the bank records?

 on: October 17, 2011, 04:44:43 PM 
Started by floridasued - Last post by floridasued
Being sued by LVNV in civil court account stated and unjust enrichemnt for an alleged extension of credit with last payment date of September 2007. Plaintiff has requested a hearing on my objection to their request for bank records from 2007.  I was served the summons back in may of 2011. To this date, the plaintiff has produced nothing no evedence at all. 45 days after receiving my production requests, they asked for more time. It was granted by the court. Then they had a hearing on my vauge answers to thier questions. So I agreed to deny everything because I am sure this is mistaken identity.  One interrogatory asked, "if you deny this is your debt, produce all your banking records from 2007. I objected  to that questions as follows:

Objection:  Interrogatory is objected by the Defendant on the grounds that it is personal, confidential and private. This Interrogatory seeks information that is not relevant to any issue in this action, information
not calculated to lead to the discovery of admissible evidence, information not relevant to any subject
matter of this action, and would result in the disclosure of information where such disclosure would violate the privacy rights of the Defendant

I really do not want to release my banking records to this JDB attorney especially when they have zero evidence that this is my debt.
How best should I handle this in the upcoming hearing?

 on: September 28, 2011, 10:27:49 PM 
Started by redgeraniums - Last post by redgeraniums
Thank you so much for this information!  I really appreciate it.

 on: September 27, 2011, 11:43:58 PM 
Started by redgeraniums - Last post by cmart56
it is possible that it is too late to vacate the judgment against you.however,the strategy i suggest is saving your assets from the judment creditor.first,i refer you to fl statute 222.and in particular 222.25.based on 222.25(4),you can use the personal property exemption to shield your car.see link http://archive.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0222/0222.html .you also need to read fl statute 76 and 77.i hope this helps.

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