Debtor is draining his bank account every month

[miller65]

What is the name of your state? Florida

After a long struggle, I won a civil case over my former friend almost an year ago. When I filed for garnishment of his salary and bank accounts, he received exception from court under 222.11(2)(b) and 77.041. Every month, within few days after his salary is deposited into his bank account, he quickly pays his credit card bills from that account then withdraw (all the remaining balance) as currency from that bank account and zero the balance in that bank account. When questioned him multiple times, he testified under oath that he spent that currency for liquor and other perishable items and he has 0 dollars with him. He has no assets, and lives in a home which is exempt under Florida homestead exception. I already drained all my money in winning the case. Please give your suggestion on what options I have to collect the judgment.

 

[quincy]

What is the name of your state? Florida

After a long struggle, I won a civil case over my former friend almost an year ago. When I filed for garnishment of his salary and bank accounts, he received exception from court under 222.11(2)(b) and 77.041. Every month, within few days after his salary is deposited into his bank account, he quickly pays his credit card bills from that account then withdraw (all the remaining balance) as currency from that bank account and zero the balance in that bank account. When questioned him multiple times, he testified under oath that he spent that currency for liquor and other perishable items and he has 0 dollars with him. He has no assets, and lives in a home which is exempt under Florida homestead exception. I already drained all my money in winning the case. Please give your suggestion on what options I have to collect the judgment.

You have 20 years to collect on the judgment. You might have to wait to collect on your judgment for the time your former friend has a job and/or assets.

 

[LdiJ]

You have 20 years to collect on the judgment. You might have to wait to collect on your judgment for the time your former friend has a job and/or assets.

It appears that he HAS a job, just not any assets that can be seized.

 

[quincy]

It appears that he HAS a job, just not any assets that can be seized.

I probably should have said “a better paying” job.

 

[adjusterjack]

Or until he wants something that requires good credit.

Though some deadbeats remain deadbeats all their lives and become judgment proof. If they can avoid paying the piper long enough they get off scot free.

I had tenants like that. My judgments turned out to be suitable for wrapping fish or lining bird cages.

 

[quincy]

Or until he wants something that requires good credit.

Though some deadbeats remain deadbeats all their lives and become judgment proof. If they can avoid paying the piper long enough they get off scot free.

I had tenants like that. My judgments turned out to be suitable for wrapping fish or lining bird cages.

That happens with a lot of judgments.

 

[zddoodah]

The bit about the guy supposedly spending all of his money on booze makes me recall a similar series of posts at another site, but I'm not going to go digging to find them.

In any event, no one here will have any insight about how to collect from this person who is unknown to us. I suggest you consider retaining an attorney who handles judgment collection matters. That said, section 222.11(2) of the Florida Statutes provides an an exemption for a person who is head of a household with disposable earnings that are equal to or less than $750 per week, so it's not like this guy is rolling in dough.

 

[quincy]

miller65, for how much is the judgment?

 

[miller65]

Thanks for your fast replies. He owes me 23 thousand and it is now around 25 thousand with interest added. He is making greater than $750 per month (section 222.11(2)(b)). He is not saying he is spending all of his money on booze alone but on expensive foods, travel, you name it. He has no receipts for any. He has his mother in his home permanently and the court determined that she is his dependent as her income is equal to 15% of his income.

If he continue this practice of paying his credit card bills then withdrawing the remaining currency every month for ever, is there anything I can do as long as he is qualified as head of family as he is now?

 

[quincy]

Thanks for your fast replies. He owes me 23 thousand and it is now around 25 thousand with interest added. He is making greater than $750 per month (section 222.11(2)(b)). He is not saying he is spending all of his money on booze alone but on expensive foods, travel, you name it. He has no receipts for any. He has his mother in his home permanently and the court determined that she is his dependent as her income is equal to 15% of his income.

If he continue this practice of paying his credit card bills then withdrawing the remaining currency every month for ever, is there anything I can do as long as he is qualified as head of family as he is now?

Thank you for answering my question, miller65.

Have you considered selling your debt to a collection agency? You would not recover what your friend owes you but you at least could receive a fraction of the amount owing.

You also have an option of having a professional debt collector take over the task of collecting on your judgment. Again, you would not be paid the full amount of your judgment but this relieves you of the task of trying to collect from your former friend.

Finally, you can wait to collect. Twenty years is a long time. Your friend might have a difficult time avoiding collection over a long period of time.

Good luck.

 

[miller65]

Appreciated!

His credit card bills show that he has been buying kids' cloths, women items, etc also. It seems he is buying them and giving to his mother, sisters, and to kids of his brothers and sisters (he has several brothers and sisters who live close to his home). Under oath, he testified that he bought those items for him only, but he probably throw them away if they do not fit or not useful to him. Is there anything I can do on this matter?

 

[quincy]

Appreciated!

His credit card bills show that he has been buying kids' cloths, women items, etc also. It seems he is buying them and giving to his mother, sisters, and to kids of his brothers and sisters (he has several brothers and sisters who live close to his home). Under oath, he testified that he bought those items for him only, but he probably throw them away if they do not fit or not useful to him. Is there anything I can do on this matter?

How do you have access to his credit card bills?

Are you talking about credit card statements he submitted in a discovery request prior to the judgment? If so, the expenses apparently were judged legitimate.

 

[miller65]

He submitted his bank statements, credit card bills, etc. in response to discovery in aid of execution (after the judgment was entered). The credit card bills, etc. I am saying are those after the judgment was entered. After he submitted the credit card bills and other documents, I conducted a deposition then he explained that he bought all these items (woman items, kids items, etc) for himself but probably thrown them away if they did not fit him.

 

[quincy]

He submitted his bank statements, credit card bills, etc. in response to discovery in aid of execution (after the judgment was entered). The credit card bills, etc. I am saying are those after the judgment was entered. After he submitted the credit card bills and other documents, I conducted a deposition then he explained that he bought all these items (woman items, kids items, etc) for himself but probably thrown them away if they did not fit him.

Thank you for the additional information.

Well ... the options you have are outlined above. It is not unusual to have a court rule in your favor and then find it difficult or impossible to collect on the judgment.

Good luck.

 

[zddoodah]

He is making greater than $750 per month (section 222.11(2)(b)).

FSA 222.11(2) provides an exemption for a person who is a head of household and has disposable income of $750 per week (not month) or less.

He has no receipts for any.

Absent a court order, folks are not required to keep receipts of what they spend money on.

If he continue this practice of paying his credit card bills then withdrawing the remaining currency every month for ever, is there anything I can do as long as he is qualified as head of family as he is now?

Maybe. Maybe not. We have no way of predicting the future in this regard. Lots of civil money judgments never get collected.