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Legality of a purchase agreement and assignment

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rlsebring

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

I recently purchased a money judgment and had the plaintiff assign me all his rights to the judgment. I do this quite often and just now hit my first snag.

I filed the assignment with the court and followed with a motion to distribute some funds being held in the court pertaining to the judgment. For the first time ever the judge actually called the plaintiff and asked him if he did indeed assign me all his rights to the judgment and the plaintiff confirmed that he did. The judge acted just a little surprised and I suspect the judge thought I was up to something. The judge was about to end the call then asked the plaintiff if he knew there was money being held in the court and the plaintiff said he didn't. The judge asked me why I didn't inform the plaintiff of the money being held in the court and I answered that if I had the plaintiff would no longer had a need to sell me the judgment.

The judge denied my motion to disburse the funds based mostly on me not telling the plaintiff about the funds and said he also had concerns whether the judgment was valid, told the plaintiff to get with me and "work" something out. About 5 days go by and the plaintiff files a motion to have the funds disbursed to him. The judge as of today hasn't ruled on the plaintiffs motion.

I can not seem to locate in the statutes or rules of procedure how to determine if my assignment is valid and if the judge had the authority to bring this up. I would think that the plaintiff would have to pursue this. The standard Motion i file is pretty narrow. It says to release any funds being held by the court to the owner of the judgment. I think he veered was outside the scope of the motion.

My pressing point now is to file a motion to quash the plaintiffs motion to disburse based on he is not the owner of record, or at least stay any further proceedings until I've had ample time to finish consulting with an attorney to determine the best plan to not only rectify this but have case history to fall back on in the future. I've had these very same motion before this judge before with no problems what so ever.

Any thoughts...
 


Zigner

Senior Member, Non-Attorney
I think you tried to snooker someone and got caught.

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

I recently purchased a money judgment and had the plaintiff assign me all his rights to the judgment. I do this quite often and just now hit my first snag.

I filed the assignment with the court and followed with a motion to distribute some funds being held in the court pertaining to the judgment. For the first time ever the judge actually called the plaintiff and asked him if he did indeed assign me all his rights to the judgment and the plaintiff confirmed that he did. The judge acted just a little surprised and I suspect the judge thought I was up to something. The judge was about to end the call then asked the plaintiff if he knew there was money being held in the court and the plaintiff said he didn't. The judge asked me why I didn't inform the plaintiff of the money being held in the court and I answered that if I had the plaintiff would no longer had a need to sell me the judgment.

The judge denied my motion to disburse the funds based mostly on me not telling the plaintiff about the funds and said he also had concerns whether the judgment was valid, told the plaintiff to get with me and "work" something out. About 5 days go by and the plaintiff files a motion to have the funds disbursed to him. The judge as of today hasn't ruled on the plaintiffs motion.

I can not seem to locate in the statutes or rules of procedure how to determine if my assignment is valid and if the judge had the authority to bring this up. I would think that the plaintiff would have to pursue this. The standard Motion i file is pretty narrow. It says to release any funds being held by the court to the owner of the judgment. I think he veered was outside the scope of the motion.

My pressing point now is to file a motion to quash the plaintiffs motion to disburse based on he is not the owner of record, or at least stay any further proceedings until I've had ample time to finish consulting with an attorney to determine the best plan to not only rectify this but have case history to fall back on in the future. I've had these very same motion before this judge before with no problems what so ever.

Any thoughts...
 

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