(Collections) Post- Judgement Admissions

[Rogue22]

What is the name of your state (only U.S. law)? Florida

Not sure if this should be categorized in the Debt or Small claims section...

Creditor won a judgement against me and has sent a "Request for admissions to defendant in aid of execution" form. Theres a couple questions they want me to admit to that I need some clarification on.

1. "That you do not jointly hold assets with any other individual": I assume this would be DENY since I'm married - Of course I have assets jointly owned with wife.

2. "That you are not supporting anyone else": Admit? I do not have a job, wife works full time. Her money pays for everything for us and the kids. My name is not associated with her bank account either.

3. "That you do not have sufficient visible assets to satisfy the judgement" Admit? This is true - No vehicles are in my name, we have no valuable assets. I find this very odd that they want me to confirm that I have nothing for them to collect upon... I guess they are hoping that they find something through investigation so that I can be held in contempt later for saying I don't have any assets??

I'm being honest with the creditor's attorney, nothing to hide, but theres really nothing for them to take either. I also don't want to provide unnecessary info to them either.

 

[tranquility]

I agree with #1, but disagree with #2. You are legally required to support your children. Just because you are not supplying money does not mean you are not fixing meals or taking them to the doctor or the like. It is a poorly worded admission and I might consider objecting on form as the answer probably should be deny, but, since they seem to be thinking of money only, a denial might mislead and require an explanation. While you can admit to #3, I might object to that one as well as it requires a legal conclusion and/or form. (What is a "visible" asset? What is "sufficient"?) Perhaps a lacking information known after a reasonable inquiry and belief, deny.

 

[Rogue22]

Good points, thanks. I think I will definitely object to those two even if its just to delay them even further

Might as well run this one by you as well.. "That none of the funds in your bank account(s) are exempt from garnishment." Spouse has her own bank account without my name attached. We only share a savings account that was left with a couple pennies that I'm going to close out this week. Hasn't been active in years. They sent Interrogatories that requested spouse's bank accounts. By admitting to the above statement, this won't grant them access to garnish spouse's account right? I assume this would be impossible since spouse's account is only her name, bank won't release it.

Thanks again!

 

[tranquility]

Good points, thanks. I think I will definitely object to those two even if its just to delay them even further

Might as well run this one by you as well.. "That none of the funds in your bank account(s) are exempt from garnishment." Spouse has her own bank account without my name attached. We only share a savings account that was left with a couple pennies that I'm going to close out this week. Hasn't been active in years. They sent Interrogatories that requested spouse's bank accounts. By admitting to the above statement, this won't grant them access to garnish spouse's account right? I assume this would be impossible since spouse's account is only her name, bank won't release it.

Thanks again!

Exempt from garnishment? I think that requires a legal conclusion. Object.