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Questions Answered by Jeffrey Schatzman
3 Answers | Asked in Bankruptcy for Florida on
Q: My wife and me filed bankruptcy chapter 7 on 03/09/2020 in Miami FL, on May 4 we had the court meeting.

We were informed one week after court we don't need to pay any debit.

Two weeks after that my wife was laid from her job and received a severance payment for 20 years working there .

The question is do i need to report to the court this, and they could take the money, we... Read more »

Jeffrey Schatzman
Jeffrey Schatzman answered on Jun 18, 2020

No, you do not have to report it. Once you file your case, any income you earn and receive after that belongs to you and does not put into the bankruptcy case or go to your creditors. Generally, the only exception would be if you receive an inheritance within 6 months after filing your bankruptcy... Read more »

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1 Answer | Asked in Collections and Small Claims for Florida on
Q: How do I obtain a civil subpoena for production of bank account information?

I won a small claims trial but the debtor will not pay up. It's not a financial issue, they're just slimy, so my best chance to recover the judgment is to subpoena a third party like their landlord or a cash app for this person's bank account(s). I can't find information on how:... Read more »

Jeffrey Schatzman
Jeffrey Schatzman answered on Jul 30, 2018

Post-Judgment discovery in a small claims case is governed by Florida Small Claims Rule 7.221. Under that Rule, you can serve the defendant with a Fact Information Sheet Form 7.343 (FAS). The FAS requires the defendant to provide financial information including bank account statements and tax... Read more »

2 Answers | Asked in Collections for Florida on
Q: Hi a debt collection called me I don't pay them they threaten me to take my social security check and take me to
Jeffrey Schatzman
Jeffrey Schatzman answered on Jul 30, 2018

Generally, until a creditor (other than the IRS or some other government agencies) has a judgment, they cannot garnish or take your Social Security or any other funds from you. This appears to be a threat from a collection agency or collection attorney who may not yet have a judgment. If they... Read more »

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