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Judgment Debtor Withdrew Cash and Spent Without Any Proof for Spending

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  • 03-11-2020, 06:17 PM
    daniel6
    Re: Judgment Debtor Withdrew Cash and Spent Without Any Proof for Spending
    Thanks a lot to you all. If his adult children or friends depositing cash in their accounts later on, will it help proving that the debtor lied under oath? However, I know that his children or friends will support him only. Also, spending 60K cash in 3 months will not raise any red flag to the court that he lied under oath? Generally is there any fixed amount which will certainly raise a red flag about his (fictitious) spending, without any receipts for that spending? He probably withdrew and spent more money from other accounts which are now closed. I could not levy his bank accounts ASAP as I had some personal issues after the judgment.
  • 03-11-2020, 06:28 PM
    latigo
    Re: Judgment Debtor Withdrew Cash and Spent Without Any Proof for Spending
    Quote:

    Quoting daniel6
    View Post
    Thanks to all, and I am upset that I can’t do anything legally with that cash he withdrew from bank. Can I or law enforcement people check his home or his children’s home with a court order once he lie under oath about that cash spending? He and his wife jointly owned the home as homestead, and his wife is not part of this case. The judgment is for around 100K and he withdrew 60K cash in approximately 3 month time.

    To begin there is nothing available through the civil court system authorizing you or your agents or any law enforcement agency to randomly "check" the debtor's residence, and/or office/storage facility or that of his children, his relatives, business associates, friends or acquaintances. Even considering that you allowed the guy to get into your britches for a hundred grand you ought to be smart enough to know that!

    Secondly, what evidence to you possess substantiating the assertion that "he withdrew 60K cash in approximately 3 month time" [sic]; when, how and from what source did you obtain any such evidence; and how does this mentioned "3 months time" span correlate with the date of your judgment?

    If you are interested in learning what post judgment supplementary remedies are available and will stop with the whimpering long enough, study these:

    http://www.leg.state.fl.us/Statutes/...s/0056.30.html

    http://www.leg.state.fl.us/Statutes/...s/0056.29.html
  • 03-11-2020, 07:16 PM
    daniel6
    Re: Judgment Debtor Withdrew Cash and Spent Without Any Proof for Spending
    Thanks a lot again. I am trying to get back on my feet due to major sickness. He called me today for possible settlement and in writing offered 8K for settlement. He voluntarily gave me copies of his notarized bank records and an affidavit stating that he has no other bank accounts now. In that affidavit, he stated that he has no receipts for any of his cash spending. He gave me permission to use those documents in this legal matter if this matter is not settled. Therefore I knew that he withdrew 60K cash in approximately 3 months time.

    I personally know that he is head of household. Therefore his salary cannot be garnished from employer, and it cannot be garnished from bank for 6 months. I personally know the details of his employer and his salary. There may be max. 2-3K per month left over in his bank account, after he spends the salary for his family living purposes. It seems it will not be a big deal for him to withdraw that remaining 2-3K per month and store the cash somewhere and claim that he spent it. He has several trusted friends and family members. He told me that if I proceed further legally he will withdraw his settlement offer once and for all.
  • 03-12-2020, 10:17 AM
    pg1067
    Re: Judgment Debtor Withdrew Cash and Spent Without Any Proof for Spending
    Quote:

    Quoting daniel6
    View Post
    If his adult children or friends depositing cash in their accounts later on, will it help proving that the debtor lied under oath?

    In theory, yes, but you have virtually no way of discovering what's happening with bank accounts owned by folks other than the judgment debtor.


    Quote:

    Quoting daniel6
    View Post
    Also, spending 60K cash in 3 months will not raise any red flag to the court that he lied under oath?

    Not if he has an explanation of what he spent the money on.
  • 03-12-2020, 12:57 PM
    adjusterjack
    Re: Judgment Debtor Withdrew Cash and Spent Without Any Proof for Spending
    Quote:

    Quoting daniel6
    View Post

    I personally know that he is head of household. Therefore his salary cannot be garnished from employer, and it cannot be garnished from bank for 6 months. I personally know the details of his employer and his salary.

    You are certainly making a lot of assumptions, not the least of which is that he is exempt from wage garnishment. Well, he's not exempt until you file for it and he files for the exemption and the judge agrees that he's exempt.

    Have you read the Florida statute?

    http://www.leg.state.fl.us/statutes/.../0077.041.html
  • 03-12-2020, 04:19 PM
    daniel6
    Re: Judgment Debtor Withdrew Cash and Spent Without Any Proof for Spending
    Thanks a lot again. He come up with reasons such as paying for a limousine or taxi and travel all over or spend on expensive liquor, gambling, etc using cash. I am unhappy that this kind of spending around 20K per month will do not raise a red flag to the court. Is there any way to prove that he is lying about this spending, once he falsely testifies under oath?

    Is there any way to make the court to enter an order prohibiting him from using cash and order him to use traceable transactions such as checks, wire transfer, credit card, etc only, or put a limit on his monthly spending?

    We deposed him prior to the judgment which made him the debtor and he is very clever person. I can file for his wage garnishment but I know soon I will be back to where I am now.

    Any advice is very helpful to me.
  • 03-12-2020, 05:24 PM
    llworking
    Re: Judgment Debtor Withdrew Cash and Spent Without Any Proof for Spending
    Quote:

    Quoting daniel6
    View Post
    Thanks a lot again. He come up with reasons such as paying for a limousine or taxi and travel all over or spend on expensive liquor, gambling, etc using cash. I am unhappy that this kind of spending around 20K per month will do not raise a red flag to the court. Is there any way to prove that he is lying about this spending, once he falsely testifies under oath?

    Is there any way to make the court to enter an order prohibiting him from using cash and order him to use traceable transactions such as checks, wire transfer, credit card, etc only, or put a limit on his monthly spending?


    We deposed him prior to the judgment which made him the debtor and he is very clever person. I can file for his wage garnishment but I know soon I will be back to where I am now.

    Any advice is very helpful to me.

    No, the judge cannot do that. Please understand that you are NEVER going to get any kind of records of his spending, or be able to control his spending. Its simply not going to happen.
  • 03-12-2020, 05:42 PM
    cbg
    Re: Judgment Debtor Withdrew Cash and Spent Without Any Proof for Spending
    I understand that your preferred method of resolution would be for some form of law enforcement, be it a court or some other agency, to force him to spend his money only in the ways that you approve.

    That is not going to happen. It doesn't matter how many variations on a theme you come up with.

    There IS a way to ensure that he pays you. That is to file, and receive, a wage garnishment.

    Of course he's going to discourage you from doing so. Do you expect him to be happy about the idea? But just because he claims that he wouldn't be subject to a garnishment doesn't make him right.
  • 03-12-2020, 06:24 PM
    daniel6
    Re: Judgment Debtor Withdrew Cash and Spent Without Any Proof for Spending
    Thanks a lot again. It is evident that he is a free bird to use the cash in the way he likes as long as he is lying that he is spending it, and nothing to prove contrary. Since you are all advising me to file for wage garnishment, I will do. I am 100% confident that he will file CLAIM OF EXEMPTION AND REQUEST FOR HEARING, selecting choice 1-a in that form.

    Thank you again all.
  • 03-12-2020, 06:27 PM
    cbg
    Re: Judgment Debtor Withdrew Cash and Spent Without Any Proof for Spending
    Just because he files a claim of exemption does not mean an exemption will be granted.
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