My attorney-in-fact handling my case while I am unavailable

[johnson668]

The treatment and hospital stay cost for my medical condition in India is 20 times less than what it costs in the US. I will contact a legal aid office later but I greatly appreciate if someone in this freeadvice forum can provide an answer to the following:



The exemption form has following language;

I CERTIFY UNDER OATH AND PENALTY OF PERJURY that a copy of this CLAIM OF
EXEMPTION AND REQUEST FOR HEARING has been furnished by (circle one)
United States mail or hand delivery on ________________ (date) to:

---------------------------------------------------
(Insert names and addresses of Plaintiff or Plaintiff’s attorney and of Garnishee or
Garnishee’s attorney to whom this document was furnished)



I FURTHER CERTIFY UNDER OATH AND PENALTY OF PERJURY that the statements
made in this request are true to the best of my knowledge and belief.



------------ -------
Defendant’s signature, Date
STATE OF FLORIDA
COUNTY OF LEE



If I am getting that exemption form notarized e.g., on August 15, 2022 at 10 a.m. then I have to certify under oath that the form has been already (i.e., sometime before 10 a.m. on August 15, 2022) furnished to the plaintiff and garnishee (by mail or hand deliver), but this is impossible because I cannot furnish that form (to plaintiff and garnishee) until it is notarized.

How to address this?

Assume that the creditor issued garnishment on August 10, 2022. If I already get that form notarized on July 15, 2022 (because I am going for treatment to another country, I cannot get it notarized after the garnishment is issued) stating as follows and furnish to the creditor and garnishee on August 15 2022 then will it be OK?


CERTIFY UNDER OATH AND PENALTY OF PERJURY that a copy of this CLAIM OF
EXEMPTION AND REQUEST FOR HEARING has been furnished by (circle one)
United States mail or hand delivery on August 15, 2022

 

[Zigner]

You need an attorney, as your questions would require the skirting (if not tiptoeing over) the line of unlawful practice of law.

 

[quincy]

The treatment and hospital stay cost for my medical condition in India is 20 times less than what it costs in the US. I will contact a legal aid office later but I greatly appreciate if someone in this freeadvice forum can provide an answer to the following:



The exemption form has following language;

I CERTIFY UNDER OATH AND PENALTY OF PERJURY that a copy of this CLAIM OF
EXEMPTION AND REQUEST FOR HEARING has been furnished by (circle one)
United States mail or hand delivery on ________________ (date) to:

---------------------------------------------------
(Insert names and addresses of Plaintiff or Plaintiff’s attorney and of Garnishee or
Garnishee’s attorney to whom this document was furnished)



I FURTHER CERTIFY UNDER OATH AND PENALTY OF PERJURY that the statements
made in this request are true to the best of my knowledge and belief.



------------ -------
Defendant’s signature, Date
STATE OF FLORIDA
COUNTY OF LEE



If I am getting that exemption form notarized e.g., on August 15, 2022 at 10 a.m. then I have to certify under oath that the form has been already (i.e., sometime before 10 a.m. on August 15, 2022) furnished to the plaintiff and garnishee (by mail or hand deliver), but this is impossible because I cannot furnish that form (to plaintiff and garnishee) until it is notarized.

How to address this?

Assume that the creditor issued garnishment on August 10, 2022. If I already get that form notarized on July 15, 2022 (because I am going for treatment to another country, I cannot get it notarized after the garnishment is issued) stating as follows and furnish to the creditor and garnishee on August 15 2022 then will it be OK?


CERTIFY UNDER OATH AND PENALTY OF PERJURY that a copy of this CLAIM OF
EXEMPTION AND REQUEST FOR HEARING has been furnished by (circle one)
United States mail or hand delivery on August 15, 2022

You can mail the notarized form from overseas and keep fingers crossed that it arrives in time. You will want expedited service. A problem is that (apparently) you will be unavailable to attend the hearing that is scheduled, this even if your claim for exemption arrives in time.

For that, you really need someone in Florida to handle this while you are away recovering from whatever it is you need to recover from. Your financial information will need to be provided to the judgment-creditor and the court to confirm you are eligible to take the exemption.

Contact the resources earlier provided in the link to find an attorney in your area. Discuss what you will need to do if/when the judgment holder takes action to collect on what he is owed.

Or perhaps you could ask the very generous church to pay off your debt before you travel.

 

[johnson668]

Thanks to all for your time and knowledge explaining these.



Quincy, I have two subsequent questions.



(1). The exemption form at https://www.leeclerk.org/home/showpublisheddocument/352/637535712346970000 includes the following instructions:



“I CERTIFY UNDER OATH AND PENALTY OF PERJURY that a copy of this CLAIM OF

EXEMPTION AND REQUEST FOR HEARING has been furnished by (circle one) United States Mail

or hand delivery on __________________ (date) to:-----“



The above instructions in the exemption form does NOT state that I must mail the copy of the exemption form to Plaintiff or Garnishee Therefore, if I get this form notarized in another country like Thailand and send a scanned copy to my brother in USA on the same day, he can mail it (by United States Mail) on the same day to the plaintiff and garnishee. Will this be enough?



(2). The exemption form includes the following instructions also:



“STATE OF FLORIDA
COUNTY OF LEE
Sworn and subscribed to before me this _____day of _________________, 20___,
by ___________________________________ (name of person making statement).
Personally Known_________ OR Produced Identification _________
Notary Public or Deputy Clerk
Type of Identification Produced______________________________”



The form contains “State of Florida” and “County of Lee”. Despite that, can I get it notarized in another country like Thailand (which is not in State of Florida or county of Lee) (then send its electronic copy to my brother, who, in turn will mail hard copies to creditor and garnishee, as explained above)?

 

[quincy]

Do not mail anything to your brother. Get an attorney in Florida to handle this for you, if you are serious about protecting any right you may have to a head-of-household exemption.

 

[johnson668]

Thanks and will not mail anything to my brother, and will try to get an attorney before I leave for treatment.

The exemption form includes the following instructions for notarizing:



“STATE OF FLORIDA
COUNTY OF LEE
Sworn and subscribed to before me this _____day of _________________, 20___,
by ___________________________________ (name of person making statement).
Personally Known_________ OR Produced Identification _________
Notary Public or Deputy Clerk
Type of Identification Produced______________________________”



despite that (i.e., although , STATE OF FLORIDA COUNTY OF LEE are there) if I get it notarized in the foreign country and mail to the plaintiff and garnishee (if I cannot get an attorney) or send copies to my attorney (if I get an attorney; and the attorney will send the copies to plaintiff and garnishee), do you think it will be OK? Furthermore, if I get an attorney, he/she will file these forms with the court website (otherwise, I will file them on my own with the court website: I will have internet access in that foreign country). Please advice if this looks OK.



Needless to say, I will try my best to get an attorney (hope some of my friends or colleagues may help financially)

 

[cbg]

I would not risk getting it notarized outside of Florida. It could conceivably be rejected if the notary is in Alabama, let alone Thailand.

 

[quincy]

Thanks and will not mail anything to my brother, and will try to get an attorney before I leave for treatment.

The exemption form includes the following instructions for notarizing:



“STATE OF FLORIDA
COUNTY OF LEE
Sworn and subscribed to before me this _____day of _________________, 20___,
by ___________________________________ (name of person making statement).
Personally Known_________ OR Produced Identification _________
Notary Public or Deputy Clerk
Type of Identification Produced______________________________”



despite that (i.e., although , STATE OF FLORIDA COUNTY OF LEE are there) if I get it notarized in the foreign country and mail to the plaintiff and garnishee (if I cannot get an attorney) or send copies to my attorney (if I get an attorney; and the attorney will send the copies to plaintiff and garnishee), do you think it will be OK? Furthermore, if I get an attorney, he/she will file these forms with the court website (otherwise, I will file them on my own with the court website: I will have internet access in that foreign country). Please advice if this looks OK.



Needless to say, I will try my best to get an attorney (hope some of my friends or colleagues may help financially)

Again, you can look into getting free or low cost legal assistance by clicking on the link I provided earlier and contacting the legal organizations in your area of Florida.

 

[STEPHAN]

Look into Florida online notarization.

 

[quincy]

Look into Florida online notarization.

Here is a link to Florida’s electronic notarizations:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0117/Sections/0117.021.html

There remains a problem with an appearance at a scheduled hearing.

 

[johnson668]

So many thanks for going beyond and above your normal advice to help me in this!!
I am sorry but I have follow-up questions. Could you explain how electronic notary works? Can I be in another state or country than the notary who is located in Florida? If so, how can I sign in the presence of notary (can I do it by zoom or so)? If possible, could you elaborate this process?

 

[quincy]

So many thanks for going beyond and above your normal advice to help me in this!!
I am sorry but I have follow-up questions. Could you explain how electronic notary works? Can I be in another state or country than the notary who is located in Florida? If so, how can I sign in the presence of notary (can I do it by zoom or so)? If possible, could you elaborate this process?

Here are links to information on Florida’s Remote Online Notaries ((RON):

https://www.nationalnotary.org/knowledge-center-remote-online-notary/how-to-become-a-remote-online-notary/florida

https://dos.myflorida.com/sunbiz/other-services/notaries/remote-online-notary-public/

You should find a document service in your area to go over the RON process and what you will need. Essentially, the notary you choose must be located in Florida and you appear before the notary using audio-video technology.

You should probably find out if your court allows for you to appear remotely, should a court hearing be scheduled while you are gone.

 

[johnson668]

So many thanks one more time for this additional information and clarification! THANK YOU!!

 

[quincy]

So many thanks one more time for this additional information and clarification! THANK YOU!!

You’re welcome, johnson668. I appreciate the thanks.

I hope the medical treatments you seek overseas bring you renewed good health.