If your wages are being garnished, proof is moot at this point. The lack of a statement should have been raised prior to the entry of the judgment. If it wasn't previously raised, you have lost the opportunity and they can proceed accordingly.

First thing to do after obtaining a Judgment: You should enter it into the Public Record of your respective county. That way, if the Defendant tries to sell or give away his land/home, you will have your interest against it secured.

You can garnish the Defendant's wages, but it is... View More

Unless you are objecting, there is no answer required.

If you have a child your wages are exempt, and you should file an objection. Alternately, if you are a candidate, you can do a bankruptcy.

Yes, a judgment acts as a lien against your home. However, they cannot force the sale. When you chose to sell your home, all the liens that existed before theirs (i.e. HOA, Taxes, Mortgage) will be paid first, then them, then if anything is left you.

If you qualify for a bankruptcy, under... View More

The easist way is to ask. You can then verify, or just check on your own at the Bankruptcy Clerk of the Court for the jurisdiction where the Debtor resides. If you are out of the area, you can sign up with PACER, however there is a charge for this service.

An attorney is not required in any small claims action. Actually, having an attorney in a small claims action invokes additional requirments.

If the Note if collateralized, you can proceed in court with the Note and seek to execute (Seize or Force the sale of) upon the collateral. If the Note is not collateralized, you can still proceed in court, but will then have to try to collect your judgment.

Suits based upon a Note must... View More

Yes, a collector can try forever to collect. If a judgment has been issued, they can attempt to execute for upto 20 years. If no judgment has been issued, the Statute of Limitation on a most matter is four years. This means that if a law suit was not instituted within four years of the incident,... View More

The form can be used, however I would strongly recommend against it, unless you have done your homework. Placing a lien on a property without "proper cause" can result in a suit against you, with your ex-husband being awarded mega damages against you. If you are unsure that you have... View More

Unless you object, it will be taken as accurate.

If you are Head of Household, your wages are Exempt from Garnishment. To be a Head of Household you must provide more than 1/2 of the support for a minor.

Just because you are exempt does not mean they will not attempt to garnish you wages. You must stand up and defend yourself or they... View More

Yes, a collector can try forever to collect.

If a judgment has been issued, they can attempt to execute for upto 20 years.

If no judgment has been issued, the Statute of Limitation on a most matter is four years. This means that if a law suit was not instituted within four years of... View More

The pension cannot be "garnished" before you receive it; however, it can be "levied" once the funds are in your bank account.

Yes, but if you do not stand up for your rights they will be trampled. File a Motion to Return Garnished Wages. This will likely require a hearing.

Pursuant to Fl St 222.201 & 744.626, and 11 USC 522(d)(10)(B), VA Benefits are exempt from garnishment 100%. This does not mean that a Creditor will not try to garnish. You must Motion the court, advising them that the funds are exempt.

SOL on secured debt does not work the same as unsecured debt. With unsecured debt, you don't pay and 4 yrs from the last payment or other action you don't owe it any more. With secured debt, the debt is collaterized by property, and the debt is generally registered with a governmental... View More