Debtor Claims Religious Exemptions for Cash He Gave Away After Entry of a Judgment
My question involves court procedures for the state of: FL
I am in a dilemma on what to do now and hope some expert from this forum can help me. I live in Alabama and filed a lawsuit on my former business partner in Florida. I won the case. The debtor withdrew cash from his bank account. In debtor exam, he claimed that he gave cash to his two children, $3,000 each; $10,000 to his aged father, and another $3,000 as cash gifts to several homeless people, all part of fulfilling his religious obligations (he was referring to a religion, which I prefer to do not reveal here). I already spent a lot of money on this complaint and I am concerned if the Court believes his “story”. I would like to know my options, if any.
Re: Debtor Claims Religious Exemptions for Cash He Gave Away After Entry of a Judgme
Did you look at the Florida exemptions to see what is allowed? That would be your first step.
Re: Debtor Claims Religious Exemptions for Cash He Gave Away After Entry of a Judgme
If the court believes his story and finds that he did not engage in any fraudulent transfers, your option would be to appeal.
Re: Debtor Claims Religious Exemptions for Cash He Gave Away After Entry of a Judgme
I thank both of you.
Dogmatique: Yes Sir, I read about the exemptions in Florida but did not find anything on religious obligations linking with transferring money to insiders.
Mr. Knowitall: What are the chances of Court buying his “story”? If he brings his father and children to the Court, and of course, they will support him. Will it be enough to convince the Judge? Even if I appeal, the Court may repeat the same thing.
Re: Debtor Claims Religious Exemptions for Cash He Gave Away After Entry of a Judgme
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salomi
My question involves court procedures for the state of: FL
I live in Alabama and filed a lawsuit on my former business partner in Florida. I won the case.
It's not clear from that whether the lawsuit took place in an AL court or a FL court. But let's say FL just for giggles. I'll take a wild guess and guess that you haven't read the Florida statutes that address Fraudulent Transfers. I think the answers to your questions will be in them:
http://www.leg.state.fl.us/statutes/...0726/0726.html
http://www.leg.state.fl.us/statutes/...s/0222.30.html
Seems to me to be relatively automatic that what he did were fraudulent transfers regardless of the religious BS.
Re: Debtor Claims Religious Exemptions for Cash He Gave Away After Entry of a Judgme
The lawsuit took place in FL and sorry for the confusion.
I thank you a lot and I am now energized with your feedback. Is it possible that the Judge orders him to bring that money back to the table?
Kindly note that the debtor withdrew and spent the money (as already explained) prior to the judgment but NOT after the judgment. The title of the discussion is not reflecting this fact therefore I am making it straight.
Re: Debtor Claims Religious Exemptions for Cash He Gave Away After Entry of a Judgme
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I thank you a lot and I am now energized with your feedback. Is it possible that the Judge orders him to bring that money back to the table?
Not only that, the judge could order the recipients to return the money on pain of contempt.
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Kindly note that the debtor withdrew and spent the money (as already explained) prior to the judgment but NOT after the judgment.
Understood that.
And the statute addresses that, too.
Re: Debtor Claims Religious Exemptions for Cash He Gave Away After Entry of a Judgme
I thank you again. Happy that I can get that money back.
Re: Debtor Claims Religious Exemptions for Cash He Gave Away After Entry of a Judgme
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salomi
I thank you again. Happy that I can get that money back.
Being entitled to getting the money back and successfully getting the money back are two entirely different things.
:friendly_wink:
Re: Debtor Claims Religious Exemptions for Cash He Gave Away After Entry of a Judgme