I just got an email stating I did not answer questions about financials and plantiff attorney is trying to railroad me. Need Help Plz.
You need to provide financial statement in Fact Information Sheet, and appear for deposition if asked. If you don't , you may be held in contempt. You should talk with an attorney about defending the collection or possible bankruptcy
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1 lawyer agrees
Lawsuit / Dispute Attorney
They probably got a judgment that required you to provide a completed "Fact Information Sheet." If there is a valid money judgment against you, the creditor is entitled to discovery to try to locate assets and income from which the judgment might be satisfied. Ignoring it is probably NOT a good solution. You should consult with an attorney. If you have a copy of the case file, at least the judgment and any documents received since it was entered, that will help.
There is no substitute for the professional advice of an attorney who knows your case and represents you. My post is not, and may not be relied on as, legal advice and does not create an attorney-client relationship. Best wishes for a just and expeditious resolution.
5 lawyers agree
If a Judgment has been entered against you, the party who secured the Judgment will seek to collect the debt. In doing so they have a right to know what assets you have. Florida Rules of Civil Procedure Form 1.977 is used to learn this type of information. Believe it or not, this is probably the nicest way they could proceed against a Judgment debtor. If you do not respond, they will likely ask the Judge to hold you in contempt and put you in custody until you provide the information. They also have the right to depose you and may choose to do so in the courtroom before the Judge or a magistrate.
It is unwise to ignore the request for information. You may wish to retain an attorney to assist you in reviewing the Judgment and in negotiating the debt and release of information.
6 lawyers agree
I have seen many civil defendants subject to incarceration for contempt of court for failing to answer the fact information sheet. Fill it out honestly and appear for deposition if requested. You can hire an attorney to represent you through this phase of the litigation if you are financially able. It will ease the process a bit.
No offense, but this is what happens when a judgment is entered--the creditor gets to look into every nook and cranny of your financial situation. Until the judgment is entered, they can not do so. But when the judgment is entered, it might be the fact information sheet that was sent, if the judgment made reference to it. However, a request for production of documents and interrogatories--written questions--may also be sent, either by mail or process server, and the failure to respond can ultimately result in a contempt adjudication. You might also be deposed by the creditor.
This is not railroading, this is what the law authorizes.
And, something else to consider: a judgment can be enforced for 20 years, which means that every year you can be requested to update your information.
I can appreciate your sense of invasion of your privacy, but now that there is a judgment against you, you no longer have the right to keep your financial information away from the creditor.
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