final judgement

[martaz]

--------------------------------------------------------------------------------

I received a final judgement in the mail today from county court in and for bay county florida, also enclosed was an order to complete Florida Small Claims Rules Form 7.343 ( fact information sheet) to be returned to the plaintiff's attorney and a copy to be returned to clerk of court within 45 days. Can you tell me what the exemptions are in the state of florida such as, amount of exemption on a vehicle, contents of my apartment, wage garnisment, bank account, social security. Thank you

 

[debt_helper]

--------------------------------------------------------------------------------

I received a final judgement in the mail today from county court in and for bay county florida, also enclosed was an order to complete Florida Small Claims Rules Form 7.343 ( fact information sheet) to be returned to the plaintiff's attorney and a copy to be returned to clerk of court within 45 days. Can you tell me what the exemptions are in the state of florida such as, amount of exemption on a vehicle, contents of my apartment, wage garnisment, bank account, social security. Thank you

As far as your bank account goes, a creditor cannot levy on social security income, social security disability, child support, or unemployment.

As far a wage executions, they can garnish 10% as long as you make over $154.50 a week (before taxes).

As far as contents of your apartment/car, you are entitled to a $1,000.00 personal property exemption. That means if your car is over $1,000.00- you are out of luck. Most creditors look to the Kelly Blue Book to establish the value of your car.

Hope this helps.

 

[martaz]

As far as your bank account goes, a creditor cannot levy on social security income, social security disability, child support, or unemployment.

As far a wage executions, they can garnish 10% as long as you make over $154.50 a week (before taxes).

As far as contents of your apartment/car, you are entitled to a $1,000.00 personal property exemption. That means if your car is over $1,000.00- you are out of luck. Most creditors look to the Kelly Blue Book to establish the value of your car.

Hope this helps.

Thanks debit helper, so does this mean that if my car is worth $800.00 I only have $200.00 left to work with as far as my apartment contents goes? And also I went to kelly blue book and did there quiz on value of car as far as the condition is,
is that what car will be based on? So any money that goes into my checking account other than which you stated above they can take?

 

[debt_helper]

Thanks debit helper, so does this mean that if my car is worth $800.00 I only have $200.00 left to work with as far as my apartment contents goes? And also I went to kelly blue book and did there quiz on value of car as far as the condition is,
is that what car will be based on? So any money that goes into my checking account other than which you stated above they can take?

If the car is worth $800.00, then you have $200.00 left to claim in personal property from your apartment. The rest can be subject to seizure and auction.

Different collectors use different values from the KBB. It is hard to know which value to use, but if you do the test from the KBB, and present pictures to the court, you can effectively show its condition/value.

As for the money that goes into your account- anything that I did not list is subject to levy and can be taken.

 

[martaz]

If the car is worth $800.00, then you have $200.00 left to claim in personal property from your apartment. The rest can be subject to seizure and auction.

Different collectors use different values from the KBB. It is hard to know which value to use, but if you do the test from the KBB, and present pictures to the court, you can effectively show its condition/value.

As for the money that goes into your account- anything that I did not list is subject to levy and can be taken.

First I want to thank you again for all your input, I have two more questions= if my wages are garnished and the rest of my pay check is direct deposited in my bank will they take the rest of my money from check that is deposited? Is it possible for me to get in touch with the debitor's attorney and try to make payment arrangments even though the final judgement has been placed on me?

 

[debt_helper]

First I want to thank you again for all your input, I have two more questions= if my wages are garnished and the rest of my pay check is direct deposited in my bank will they take the rest of my money from check that is deposited? Is it possible for me to get in touch with the debitor's attorney and try to make payment arrangments even though the final judgement has been placed on me?

unfortunately, a creditor can execute a wage garnishment and levy your bank account simultaniously. Your best bet is to call the creditor/ creditor's attorney, and arrange a payment schedule. Tell them what you make, and offer them 10% (what they would get in a garnishment). Tell them you want the arangement in writing, detailing the payment amount a date payements will be due. You can also have them stipulate that while you make good on the payments, they agree to withhold any executions against you (levy, garnishment, etc.). If the debt is high, or it will take you a while to pay the entire balance off in installments, you may want to also get the creditor to hold interest on the principle as stipulated in the written arrangement. Finally, make sure the arrangement gets filed with the court.