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Florida Rules of Civil Procedure - Rule 1.977(b)

Tampa, FL |

My husband was sued for breaking a lease on a building he had leased. He was sued for the remainder of lease and the owner was awarded $42,000 plus attorney fees. He just received the Florida Rules of Civil Procedure. The form asks for my (spouse) information. My husband has no assets. However, I do. I have a condo that was mine before we married and money in an Inherited IRA and Money Market fund, 401k and other assets. I did not sign this lease. It was in my husband's company name, but he also signed a personal guarantee. I am not real happy about supplying my social security number, wages and assets on this form. Can they take any of my assets even though I was not a party to this lease? My husbands name is not on any of my assets.

Attorney Answers 1

Posted

Rule 1.977(b) deals with corporations and other business entities and is a Fact Information Sheet. I'm not sure what quesions on the fact sheet apply to you unless you are an officer, director - unless you file a joint income tax return and your husband's business income passes through to him on your personal 1040. Rule 1.977(a) deals with individuals and asks qusetion about a spouse and children.

Asssets in your name alone should not be subject to creditors. If the condo is still in your own name, it is exempt. The home or condo you live in is exempt because it is Floria constitutional homestead. If there is a mortgage or home equity line of credit, the bank holding the mortgage note on a home where you and your husband reside are the only creditors who could have a claim. Retirement accounts are exempt from creditors. I assume that your husband has an attorney who is assiting him in this matter. If so, talk with him or her and explain the situation about your solely owned assets. There are ways to respond to questions so you should not have to reveal your personal assets, etc. If your husband does not have an attorney to assist him, I suggest that you consult with an attorney to assist you in protecting what is yours.
Good luck!

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Posted

Thank you so much for your reply. The form he received was sent from the attorney, and the court was not even copied. So I am not sure at this point if it will be. But the Fact Information Sheet has on it a Spouse Related Portion. He does not have an attorney but I will find out what to put there. I do not want them having my social security number or financial information. He also signs Counsel for Agency Funding LLC. Is that a collection agency, do you know?

Ruth Elaine McMahon

Ruth Elaine McMahon

Posted

I do not know what Counsel for Agency Funding is. Good luck! Ruth E. McMahon, Esq., B.C.S. DUNLAP & MORAN, P.A. 6111 Exchange Way Lakewood Ranch, FL 34202 (941) 907-9700 (941) 373-1451 FAX rmcmahon@dunlapmoran.com<mailto:Wayrmcmahon@dunlapmoran.com> ************************************ This transmission contains confidential or proprietary information intended only for the person(s) named. Any use, distribution, copying or disclosure by another person is strictly prohibited. Due to its inherent nature, e-mail may be vulnerable to interception by unauthorized parties during transmission. We cannot guarantee the confidentiality of any information sent by e-mail or that it will be considered "attorney-client" privileged. If you do not wish us to communicate by e-mail on your matters, please notify us at your earliest convenience. In the absence of such notification, your consent will be assumed and we will not take any additional security measures, such as encryption. Although we have taken steps to ensure that this e-mail and attachments are free from any virus, we advise that, in keeping with good computing practice, the recipient should ensure they are actually virus-free. ************************************

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