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Debtor is head of house hold and is withdrawing cash every month

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  • Debtor is head of house hold and is withdrawing cash every month

    I am from Florida, USA. I won a case recently after fighting for more than a year. The debtor has been employed. When I filed for wage garnishment, the court decided that the debtor is head of house hold. Since I filed the case (that is, for the last more than one year), every month, soon after his salary is deposited by his employer into his bank account, has been paying bills for his family’s normal living expenses such as electricity bill, etc from that account. Then withdrawing the entire remaining funds as cash and there is absolutely no trace on what is happening to that cash. During the debtor examination, he answered that he has been spending it on consumables such as alcohol, food, travel, etc. He has no receipts and answered that he does not want to keep them. It seems he will continue this cash withdraw and spending cycle forever. He has no other assets except some old furniture (worth around 2000 dollars) in his rented home, and an old car worth few hundred dollars. Is there any way for me to collect my judgment? Your suggestions please!!

  • #2
    I wish to inform you that you may recover judgment either against assets of debtor or through garnishment of income. You can garnish 25% of disposable income of debtor or amount by which your disposable income exceed 30 times federal minimum wage, whichever is less. In absence of income or assets it may not be possible for you to recover amount due.

    AFF

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    • #3
      Thanks for your answer. He has no assets except for that car and furniture and they cannot be taken.

      About income: his only income is his salary from his employer but Florida statute 222.11, Exemption of wages from garnishment http://www.leg.state.fl.us/Statutes/...s/0222.11.html is there.

      222.11(2):
      “(a)All of the disposable earnings of a head of family whose disposable earnings are less than or equal to $750 a week are exempt from attachment or garnishment.
       (b)Disposable earnings of a head of a family, which are greater than $750 a week, may not be attached or garnished unless such person has agreed otherwise in writing….”


      222.11(3):
      Earnings that are exempt under subsection (2) and are credited or deposited in any financial institution are exempt from attachment or garnishment for 6 months after the earnings are received by the financial institution if the funds can be traced and properly identified as earnings.”

      He makes $750 or above a week but he did not agree anything in writing at any time. Further, the court already decided that he is head of family (head of household) and his earnings are protected up to 6 months from garnishment after they are deposited in the bank. However, debtor is quickly withdrawing those earnings from the bank and spending cash thereby keeping nothing in the account from garnishment after 6 months of deposit.
      Is he in violation of anything by repeatedly withdrawing cash every month and/or for leaving no trace on how it is spent?

      Last edited by johnsmith9; 02-21-2021, 06:30 PM.

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      • #4
        Is he in violation of anything by repeatedly withdrawing cash every month and/or for leaving no trace on how it is spent?
        No. What he is doing is perfectly legal.

        He is what is called "judgment proof." He's figured out how to legally use the system to avoid paying you.

        I suggest you record your judgment in the county records. That won't get you any money any time soon but, someday, he may want credit for something bad enough so that he'll have to deal with the debt.

        Don't count on it.

        When I had my rentals I had several uncollectible judgments so I can sympathize.

        How much is your judgment for and how did you get involved with this person to the point where he owed you that money?

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        • #5
          Thanks for your answer and suggestion.
          I am awarded $21000 as he did not pay rent for my agricultural land he leased for two years.

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          • #6
            You didn't evict him the first time he didn't pay?

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            • #7
              No Sir, he shown me the crop and promised to pay everything with interest once he sell it. I trusted his words but, after the sale, he did not pay a penny.

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              • #8
                Well, do the best you can to try to recover the debt.

                Comment

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