On collecting money from debtor

[denverm]

Why spend a lot of time on this pursuit, when it will drag this out and maybe you both tick off the judge and maybe get you some satisfaction, but alot of angst and frustration. Simply garnish her wages and collect that way?

She is retiring from her job soon. I may get 1-2 months of salary by garnishing her salary. That is why I am focusing on her salary since 2022 (she said during debtor exam that she spent the cash, starting from 2022 until now, on perishable items and living expenses)

 

[doucar]

Have you thought about garnishing her bank account?

 

[adjusterjack]

I am requesting this forum to help me provide this information.

There's a limit to how much help we can provide. You're going to have to do the best you can with those resources.

Doucar makes a good point. You've already established that she's working.

Why have you not yet filed for wage garnishment?

You can do that now and then continue to work on the fraudulent conveyance business.

You really missed the boat by not filing wage garnishment after the divorce.

She is retiring from her job soon.

Boy, she's really got you suckered. As long as you delay wage garnishment she'll have no reason to retire. She's not giving up $6000 per month income as long as she can keep you at bay just by saying she's going to retire.

I may get 1-2 months of salary by garnishing her salary.

That'll be more than you've gotten so far. And you'll keep getting zero as long as you keep waiting.

That is why I am focusing on her salary since 2022 (she said during debtor exam that she spent the cash, starting from 2022 until now, on perishable items and living expenses)

She said. She said. Looks like she's got you chasing a red herring, which gets you no money.

 

[adjusterjack]

Have you thought about garnishing her bank account?

OP mentioned that she withdraws all her pay as soon as it's deposited then lives off the cash. It's a good way to keep money away from creditors and isn't necessarily a fraudulent conveyance. She could be covering legitimate expenses and putting the remaining money in her mattress.

A bank account levy could work if it can be timed to be served on the bank exactly on payday as soon as the money is in the account. I once did that to a deadbeat tenant and snagged the whole paycheck.

 

[denverm]

I just finished filing the Continuing Writ of Garnishment, and will try to get as much as I can from her salary before she retires and before she withdraw the cash form bank! Many thanks!!



If you could provide your thoughts on the following, I am done with this matter:

Once I ask for the following documents as part of post-judgment request for the production of documents from defendant.



(1). Schedule of monthly living expenses for: Food, laundry, cleaning, Recreation, and any other



(2). All documents evidencing that you or your spouse qualify as head of household as defined by Florida Statutes



What happens if the debtor just submits the standard (and routine) bills like utility, home insurance, etc but did NOT submit any for food, alcohol, gambling, recreation, etc saying that she has no receipts, records, or memory of this?

Can I request an order to show cause why she shouldn't be held in contempt? Whether the court can compel her to keep (or submit) the records/receipts for all these for the past and keep those records/receipts for future purchases? I am asking this specific question because she has been withdrawing cash from bank (starting from the time she divorced her dependent husband) and there is no record of how much and on what she is spending (she already said, during debtor exam, that she is spending the cash withdrew from her salary account for living expenses and for buying perishable items, liquor, travel, gambling but said that she has no record or receipts).



whether the debtor is required to submit all such documents requested in (2) above OR can she say that she needs to educate herself on what specific documents are needed as evidence to prove her head of household status (for some questions, during debtor exam, she said she has no idea what is that, and that she needs to educate herself on that)?

 

[doucar]

Your tilting at windmills. If I was asked to produce a schedule of living expenses, I could truthfully answer, I don't have schedule. Since she hasn't claimed head of household in any court filing, I would answer, not relevant. The judge will not order her to create a document that does not exist. Your just asking for a prolong, frustrating, continuing situation, without a resolution. You really need to pay for a consultation with a collection attorney to at least learn what may work in your jurisdiction and what will just tick of the judge.

 

[denverm]

Greatly appreciated, I would not go for such questions. will talk to a collection attorney (at least on part time basis)

 

[Litigator22]

A bank account levy could work if it can be timed to be served on the bank exactly on payday as soon as the money is in the account. I once did that to a deadbeat tenant and snagged the whole paycheck.

So, you claim to have successfully engineered "a perfectly timed bank account levy" thereby snagging your judgment debtor's entire paycheck, right? It makes for a magniloquent story but having practice law at the nuts-and-bolts level for over 40 years I'm hesitant to believe it.

For one (assuming it took place in your home state of Arizona) it requires accepting as factual the unlikely conditions that: (1) your deadbeat tenant wasn't living from paycheck to paycheck, and (2) that he maintained a constant positive balance in his checking account sufficient to cover the statutory exemption against levy of execution. (ARS 33-1126(A)(9); ARS 1121.01)

In other words, the garnishee bank could not freeze for your use any part of that payroll deposit needed to bring the checking account balance to the protected level. (Noting here that pursuant to ARS 12-1578 (B) the garnishee bank shall not withhold from the judgment debtor the amount set forth as exempt in accordance with said ARS 33-1126(A)(9).

Not to ignore the likelihood of the bank's need to first honor checks written on the account and presented for payment in the interim between your delivery of a copy of the writ to the appropriate bank officer and the time it took to effectively register such service.

Secondly, the statutory processes needed to apply for and secure the issuance of a writ of garnishment and render it effective for purposes intended are far too complex and time demanding to be measured, completed and precisely timed as you have alleged. [See: "Garnishment of Monies or Property" Arizona Revised Statutes, Chapter 9, Article 4 Sections 12 - 1570 thru 1592.]

Besides, such a scheme would never work to the OP's benefit. His/her remedies and needs are measured by Florida law and there the h/h exemption is extended to specified wages and earning for a period of six months upon being deposited in any financial institution. (See: F. S. 222.11(3)

 

[adjusterjack]

^Why lawyers are called mouthpieces.

 

[Litigator22]

^Why lawyers are called mouthpieces.

You are slippery!

 

[adjusterjack]

And proud of it.

 

[Litigator22]

And proud of it.

"Pride is the mother of arrogance." (Toba Beta)
fini

 

[adjusterjack]

"A loaf of bread is the mother of the airplane." Lou Costello