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Can I Spend My Currency As I Wish

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  • 04-08-2020, 05:13 AM
    josha
    Can I Spend My Currency As I Wish
    My question involves collection proceedings in the State of: Florida
    I very recently lost a civil case in Florida. The judgment did not say anything and did not put any restrictions on how I can spend my money. The creditor not yet started any action to collect the money from me due to carona virus. I have few thousand dollars cash in my bank account. Can I withdraw currency from my bank account and spend it as I like (for buying liquor, gambling, travel, etc, like consumable items). Later on, if the creditor question me, am I obligated to produce any receipts (for the currency I spend) or remember or provide specifics on how, when and where I spend that currency?
  • 04-08-2020, 05:18 AM
    llworking
    Re: Can I Spend My Currency As I Wish
    Quote:

    Quoting josha
    View Post
    My question involves collection proceedings in the State of: Florida
    I very recently lost a civil case in Florida. The judgment did not say anything and did not put any restrictions on how I can spend my money. The creditor not yet started any action to collect the money from me due to carona virus. I have few thousand dollars cash in my bank account. Can I withdraw currency from my bank account and spend it as I like (for buying liquor, gambling, travel, etc, like consumable items). Later on, if the creditor question me, am I obligated to produce any receipts (for the currency I spend) or remember or provide specifics on how, when and where I spend that currency?

    You can spend your money as you like. What you cannot do is hide it. No, you do not have to account for your expenditures although depending on how much the judgement is, and how much money you actually have in the bank it might be wiser to throw your receipts in a box "just in case".
  • 04-08-2020, 05:37 AM
    josha
    Re: Can I Spend My Currency As I Wish
    Thank you very much!
    Although I have no intention of hiding the currency, and will not hide the currency; just for hypothetical reasons, I wish to know what if a person hides the currency and claims that he/she spent it on consumables? What legal tools the creditor has to face this?
    You said that it might be wiser to throw my receipts in a box "just in case". Is this legally mandatory to keep the receipts? Can the court or creditor do anything to me if have no receipts? I prefer not to have the creditor know about my spending habits or where I am located at a specific time (the receipts may help provide these details to the creditor). Therefore, I prefer to produce the receipts only if it is mandatory by law.
  • 04-08-2020, 05:57 AM
    budwad
    Re: Can I Spend My Currency As I Wish
    You can spend your money anyway you want and you don't have to prove (by receipt) what you spent it on.

    What you can't do is a fraudulent conveyance, or fraudulent transfer, which is an attempt to avoid debt by transferring money to another person or company. That can be reversed by a court.

    In other words, if you have $5,000 in the bank and you spend it on whatever you want (gambling, food, travel, rent, utilities, etc.) that is not a fraudulent conveyance. But if you send $4,000 to your brother and ask him to hold if for you, that is a fraudulent conveyance and the court can reverse it and make the money available to the creditor.
  • 04-08-2020, 08:57 AM
    adjusterjack
    Re: Can I Spend My Currency As I Wish
    Quote:

    Quoting josha
    View Post
    My question involves collection proceedings in the State of: Florida
    I very recently lost a civil case in Florida. The judgment did not say anything and did not put any restrictions on how I can spend my money. The creditor not yet started any action to collect the money from me due to carona virus. I have few thousand dollars cash in my bank account.

    A bank account levy is one of the easy ways that a judgment creditor can collect so you would be wise to close out the account anyway and use cash and/or money orders for your normal living expenses and bills.
  • 04-08-2020, 09:48 AM
    pg1067
    Re: Can I Spend My Currency As I Wish
    Quote:

    Quoting josha
    View Post
    The judgment did not say anything

    So...it's just a blank piece of paper (save for the word "judgment")?


    Quote:

    Quoting josha
    View Post
    Can I withdraw currency from my bank account and spend it as I like (for buying liquor, gambling, travel, etc, like consumable items).

    You've given us no reason to believe you lack the ability to do so. If your intent was to ask whether there is any legal prohibition against spending your money, the answer is no, there isn't.


    Quote:

    Quoting josha
    View Post
    Later on, if the creditor question me, am I obligated to produce any receipts (for the currency I spend) or remember or provide specifics on how, when and where I spend that currency?

    If, at the time of such questioning, and if that question occurs in the context of a judgment debtor exam or other proceeding, and assuming you are served with a legally appropriate request for documents/subpoena, you still have the receipts, you will be obligated to produce them. However, you are under no present obligation to document your spending or remember what you spent your money on.

    Quote:

    Quoting llworking
    View Post
    You can spend your money as you like. What you cannot do is hide it.

    What makes you believe the OP lacks this ability? And, if your intent was to say that there is a legal prohibition against hiding assets, that's wrong. There's no legal prohibition in any state against a judgment debtor hiding assets.

    Quote:

    Quoting josha
    View Post
    I wish to know what if a person hides the currency and claims that he/she spent it on consumables?

    Depends on the context in which the debtor tells this lie.


    Quote:

    Quoting josha
    View Post
    What legal tools the creditor has to face this?

    I'm not entirely sure what you're asking. You can look up Florida laws on enforcement of judgments as easily as anyone here. However, enforcing judgments is more about investigation than anything else.


    Quote:

    Quoting josha
    View Post
    Is this legally mandatory to keep the receipts? Can the court or creditor do anything to me if have no receipts?

    As mentioned previously, a judgment debtor is under no obligation to document his/her/its spending (absent a court order requiring such documentation). If a court has ordered a debtor to document spending and the debtor fails to do so, he/she may be fined and/or incarcerated for contempt of court.
  • 04-08-2020, 11:02 AM
    budwad
    Re: Can I Spend My Currency As I Wish
    Quote:

    Quoting pg1067
    View Post
    What makes you believe the OP lacks this ability? And, if your intent was to say that there is a legal prohibition against hiding assets, that's wrong. There's no legal prohibition in any state against a judgment debtor hiding assets.


    What do you mean by hiding assets? Do you mean to say that a fraudulent conveyance is not hiding assets or you can hide your cash under the mattress? Surely, a fraudulent transfer is prohibited by law to hide assists from a creditor in all the states.

    http://www.leg.state.fl.us/statutes/...0726/0726.html
  • 04-08-2020, 01:51 PM
    adjusterjack
    Re: Can I Spend My Currency As I Wish
    Hiding your cash under the mattress is not a fraudulent transfer. You still have the cash.
  • 04-08-2020, 02:08 PM
    budwad
    Re: Can I Spend My Currency As I Wish
    Yes Jack. I didn't suggest that hiding your cash was a fraudulent transfer. I was responding to pg1067 where he says that
    Quote:

    There's no legal prohibition in any state against a judgment debtor hiding assets.
    That is just not the case.
  • 04-08-2020, 02:34 PM
    josha
    Re: Can I Spend My Currency As I Wish
    Thank you very much to each one of you.
    I was wrong by saying "The judgment did not say anything" the correct phrase should be: The judgment did not say anything on spending my money and the judgment ordered me to pay some specific amount (I am not disclosing the amount here) to the plaintiff/creditor.
    Also let me correct my following earlier sentences: "I wish to know what if a person hides the currency and claims that he/she spent it on consumables? What legal tools the creditor has to face this?" The corrected sentences are: If I hide the cash under carpet and, during the judgment debtor exam or other proceeding, I say under oath that I have no cash with me and that I spent it on consumable items (and say that I have no receipts and no record on how I spent it) then whether the court or creditor can come to my home to search if I hide the money? How they prove (if at all they want to prove) that I lied? Kindly note that I have no intentions of doing this but want to educate myself.
  • 04-08-2020, 03:08 PM
    llworking
    Re: Can I Spend My Currency As I Wish
    Quote:

    Quoting josha
    View Post
    Thank you very much to each one of you.
    I was wrong by saying "The judgment did not say anything" the correct phrase should be: The judgment did not say anything on spending my money and the judgment ordered me to pay some specific amount (I am not disclosing the amount here) to the plaintiff/creditor.
    Also let me correct my following earlier sentences: "I wish to know what if a person hides the currency and claims that he/she spent it on consumables? What legal tools the creditor has to face this?" The corrected sentences are: If I hide the cash under carpet and, during the judgment debtor exam or other proceeding, I say under oath that I have no cash with me and that I spent it on consumable items (and say that I have no receipts and no record on how I spent it) then whether the court or creditor can come to my home to search if I hide the money? How they prove (if at all they want to prove) that I lied? Kindly note that I have no intentions of doing this but want to educate myself.

    You cannot prove that they lied, and the courts are not going to let you search the defendant's house. I don't think that a court can even make that kind of order. It might be possible in some areas for a sheriff to do a simple search of a defendant's home for significant assets, but not the creditor themselves.
  • 04-08-2020, 04:20 PM
    pg1067
    Re: Can I Spend My Currency As I Wish
    Quote:

    Quoting josha
    View Post
    If I hide the cash under carpet and, during the judgment debtor exam or other proceeding, I say under oath that I have no cash with me and that I spent it on consumable items (and say that I have no receipts and no record on how I spent it) then whether the court or creditor can come to my home to search if I hide the money?

    Obviously, part of that answer would be a lie under oath. That's a crime called perjury. That said, "the court" is not going to come or send anyone to your house to test your veracity.


    Quote:

    Quoting josha
    View Post
    How they prove (if at all they want to prove) that I lied?

    It is entirely likely that this particular lie could not be proved.
  • 04-08-2020, 05:49 PM
    josha
    Re: Can I Spend My Currency As I Wish
    Thank you very much to both of you!

    The judgment did not put any restrictions on me on spending my money. Later, if the creditor convince the court that I am spending my money like anything, can the court enter another order restricting (or imposing any conditions on) me on spending my money in the future (or order me to document my future spending)?
  • 04-08-2020, 06:40 PM
    RJR
    Re: Can I Spend My Currency As I Wish
    Quote:

    Quoting josha
    View Post
    Thank you very much to both of you!

    The judgment did not put any restrictions on me on spending my money. Later, if the creditor convince the court that I am spending my money like anything, can the court enter another order restricting (or imposing any conditions on) me on spending my money in the future (or order me to document my future spending)?

    At any time during proceedings, were you required to declare your assests?
  • 04-08-2020, 07:05 PM
    josha
    Re: Can I Spend My Currency As I Wish
    Thank you Sir. No, at any time during proceedings, I was not required to declare my assets. Furthermore, neither the court nor the plaintiff asked me about my financial details any time until now.
  • 04-08-2020, 07:13 PM
    RJR
    Re: Can I Spend My Currency As I Wish
    Quote:

    Quoting josha
    View Post
    Thank you Sir. No, at any time during proceedings, I was not required to declare my assets. Furthermore, neither the court nor the plaintiff asked me about my financial details any time until now.

    Small claims Court? If not, what court, state or city? What monetary damages were requested?
  • 04-09-2020, 02:19 AM
    josha
    Re: Can I Spend My Currency As I Wish
    No sir, it is circuit court. Monetary damages in excess of $100,000 were requested and were awarded to plaintiff. I could not afford an attorney and lost the case.
  • 04-09-2020, 03:14 AM
    RJR
    Re: Can I Spend My Currency As I Wish
    Quote:

    Quoting josha
    View Post
    No sir, it is circuit court. Monetary damages in excess of $100,000 were requested and were awarded to plaintiff. I could not afford an attorney and lost the case.

    Since it is such a large judgment it would be wise to have an Attorney advise you if you are that concerned.
  • 04-09-2020, 04:32 AM
    josha
    Re: Can I Spend My Currency As I Wish
    Thank you sir. I still cannot afford an attorney and probably for ever (the plaintiff knew my financial weakness and filed lawsuit on me), and I have no assets except some salary from which I have few thousand dollars in bank (and I wish to spend them as requested earlier, and this forum people are so nice and provided me guidance). In short, I will never (and cannot) satisfy that judgment in my life.
  • 04-09-2020, 06:11 AM
    cbg
    Re: Can I Spend My Currency As I Wish
    Many attorneys will give free or low cost consultations. Also if there are any law schools in your area you can often get legal advice through their legal clinic (third year students working under supervision). Just because there is no law preventing you from spending your money as you wish does not mean that the plaintiff will not come after you. It would be far, far better to have the advice of a local attorney to whom you can tell all the facts, than to accept the judgement of nameless people on the internet who only know a portion of the story.
  • 04-09-2020, 08:30 AM
    llworking
    Re: Can I Spend My Currency As I Wish
    Quote:

    Quoting josha
    View Post
    No sir, it is circuit court. Monetary damages in excess of $100,000 were requested and were awarded to plaintiff. I could not afford an attorney and lost the case.

    I suspected this before but now that you have said $100,000 then you are either playing with us by asking the same questions that you have already been asking, but from the defendant's point of view, or the person who got the judgement against you has already been on this forum asking the same questions.

    If you are the former, then please stop playing games with us. You have gotten all of the information you are going to get. Its not going to change.

    If you are the latter, then you probably want to immediately stop posting on forums.
  • 04-09-2020, 09:00 AM
    pg1067
    Re: Can I Spend My Currency As I Wish
    Quote:

    Quoting josha
    View Post
    The judgment did not put any restrictions on me on spending my money. Later, if the creditor convince the court that I am spending my money like anything, can the court enter another order restricting (or imposing any conditions on) me on spending my money in the future (or order me to document my future spending)?

    I've been doing judgment collection for about 30 years. The only time I've ever heard of a court entering an order about how a judgment debtor may spend his/her money was in the case of the O.J. Simpson civil judgment, and that related to a particular income stream.
  • 04-09-2020, 10:58 AM
    josha
    Re: Can I Spend My Currency As I Wish
    Thank you very much to all of you responded.

    Thanks for alerting me with: If you are the latter, then you probably want to immediately stop posting on forums.
    I will do this.
    I wish all you will be safe from Carona.
  • 04-09-2020, 04:07 PM
    jimnyc
    Re: Can I Spend My Currency As I Wish
    Same posting style and both thanking with each opening sentence of all of their posts. In my opinion, same guy came back and acted out the other side, for whatever reason, fishing for different answers. The odds are staggering.

    https://www.expertlaw.com/forums/sho...d.php?t=245817
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