Order to Show Cause

[sunny1222]

What is the name of your state? Florida

My husband and I are judgements debtors in a small claims case. After the final judgement we received a letter from the court. It was an order from the court to complete the fact information sheet which is a sheet where we must list all of our assests and disclose our personal info to the judgement creditor along with copies of our bank statements, any titles and deeds and paycheck stubs within 45 days. I was confused by the order so I called the clerk's office who advised to to mail the completed form along with the copies to the plaintiff. I did as instructed and within the time frame. Just recently we got served with an order from the court called an "Order to Show Cause" of why we shouldn't be held in contempt of court for not following the court order to send the plaintiff the fact information sheet. I was shocked because we did send it to him although we didn't send it certified we did not receive it back either. The plaintiff states he never received it. I wrote a letter to the court and I received a letter from the judge that stated we should of filed the info with the court also. I then resent the information back out again to the court and to the plaintiff this time certified mail. I got another letter form the court confirming the hearing for the order to show cause and it stated that I did not fill out the information sheet completely. I am really confused and worried. Could they find us in contempt and put us in jail? They took his word for it and are trying to find us in contempt. Is this a scare tatic or can they really put us in jail? They can't prove one way or the other that we in fact mailed it out or not. Any advice..Thanks!!

 

[Justice For All]

I would advise you to have a court officer send it in. If the court officer in your area will not send it in call clerk's office and find out who can pay to deliver it for you.

 

[sunny1222]

I sent out the forms this time certified mail and he signed for it. So I know have proof that he got them. The 1st copy that we sent was regular mail and we have no idea what happened because although the plaintiff said he never got it, it was never retuned to us. My question was how can they find us in contempt for not returning it to the plaintiff when they cannot prove either way? Did I mention that all the court orders came in a handwritten envelope with no return address. That is kind of non-professional in my opinion. We never got served with the orginal order, it was mailed to us in a plain white envelope with no return address. For all we knew the plaintiff could of sent it. How can they prove contempt based on that?

 

[Justice For All]

Keep the envelope in case you will have to go to court again. Show it to the judge after you explain everything. The judge might compare the writing, city it was sent from, etc. with the plaintiff's.

 

[garrula lingua]

Yes, the Court can hold you in comtempt.

Yes, as you are a debtor, they have a right to do a 'debtor's examination' and seek info on all your assets.

Yes, playing games with this can land you in jail.

Just pay the debt, or just fill out their forms, honestly. Do what is requested.