Debtor is draining his bank account every month

[quincy]

miller65, how did it come to be that the fellow owed you $23,000?

 

[miller65]

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. I am sorry for my error. His disposable income is above $750 per week.

Absent a court order, folks are not required to keep receipts of what they spend money on. Maybe. Maybe not. We have no way of predicting the future in this regard. judgment (entered almost a year ago) has no instruction to him to keep receipts. Can the court give such instruction now, or is it too late? Also, now, can the court order him to do not withdraw cash or do not buy items for woman or children?

how did it come to be that the fellow owed you $23,000? the judgment specified that amount.

 

[zddoodah]

His disposable income is above $750 per week.

In your original post, you wrote, "he received exception from court under 222.11(2)(b)." Have things changed since then, or did the court make a finding that is inconsistent with what you are claiming?

judgment (entered almost a year ago) has no instruction to him to keep receipts. Can the court give such instruction now, or is it too late? Also, now, can the court order him to do not withdraw cash or do not buy items for woman or children?

In my roughly 30 years of experience with debt collection (albeit not in Florida), I have never heard of a court ordering a judgment debtor in an ordinary civil action to keep receipts of his/her/its spending or to refrain from spending money on certain things. Doesn't mean it couldn't happen, but it would be pretty rare.

 

[miller65]

Have things changed since then, or did the court make a finding that is inconsistent with what you are claiming? The exception was received few months ago and nothing has changed since then (and will not change unless his mother moves away from him).



Thanks for your feedback on other matters also.

 

[quincy]

... how did it come to be that the fellow owed you $23,000? the judgment specified that amount.

I understood that.

The reason I asked is to see if there was an asset acquired as a result of the $23,000 being loaned (?) to the fellow. Does the fellow have a state license required for his job, for example?

As long as you do not file discovery motions too often, you can continue to get updated information from the judgment-debtor.

 

[miller65]

Thank you. I did not loan him but he caused some damage to me and the court ordered him to pay $23,000. No state license is required for his job although he is working for the state government.
I could not understand "As long as you do not file discovery motions too often, you can continue to get updated information from the judgment-debtor " If I file discovery requests often (e.g., every few months), can he deny responding to them? Request your feedback.

 

[PayrollHRGuy]

I could not understand "As long as you do not file discovery motions too often, you can continue to get updated information from the judgment-debtor " If I file discovery requests often (e.g., every few months), can he deny responding to them? Request your feedback.

Sooner or later the court will consider your actions abuse of process or whatever they call that in Florida. Not to mention if you stop for a while he may stop his actions to hide his money and you can swoop in.

 

[quincy]

Thank you. I did not loan him but he caused some damage to me and the court ordered him to pay $23,000. No state license is required for his job although he is working for the state government.
I could not understand "As long as you do not file discovery motions too often, you can continue to get updated information from the judgment-debtor " If I file discovery requests often (e.g., every few months), can he deny responding to them? Request your feedback.

When there is good evidence of change in his financial situation, you can file a discovery request. You cannot use the court and court motions to harass him.

You might want to contact a debt collection service to see if it makes financial sense for you to turn over collection to someone who is in the business of collecting.

 

[miller65]

Thank you very much for the advice!

 

[quincy]

Thank you very much for the advice!

We all appreciate the thanks, miller65, so thank you.

I wish you good luck with your collection efforts, whichever option to collecting you choose to take.