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  1. #11

    Default Re: Is Bodily Injury Award/Settlement Funds from Accident is Exempted from Garnishmen

    Quote Quoting jk
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    You are missing the point. There is no way to determine what money was left in the account. Once it is commingled, it is simply money in the account. They have just as valid of an argument that the first $10k you took out was the settlement money. Neither is provable.

    Then you obviously took out $3k. You might claim you never spent that $3k but simply redeposited it but how is anybody to know? Pulling $3k in cash, in the possibility of a need is a really poor position. You are asking the court to believe you thought you might need the $3k (in cash no less) so you took it out and put it under your mattress. Then when you realized you didn't need the $3k (in cash), you went and redeposited it back into your account. Unless those were marked bills or the serial numbers recorded, I doubt you will get anybody to believe that story.






    that takes care of that then.
    MY ANSWER IS. Nobody in the world has deposit /withdraw his money in the bank by MARKING EACH AND EVERY DOLLAR BILL SERIAL NUMBERS (MONEY) AS EXEMPTED to claim back from the bank in the future that he wants his same money/ marked dollar bill back which are marked as EXEMPTED/ BY HIS NAME showing ownership of the money.(unless he can see his future in the crystal ball that he should mark each avery dollar bill as exempted to prove it in the future ).

    Can you name a bank in the World who accepts your term /condition that, you will do the business with the bank if they deposit/ withdraw your same money, marked /by your name proving your ownership OF EXEMPTED MONEY. When you deposit your money coming with the TITLE exempted it is exempted and when you deposit your funds as non exempted they are non exempted. Bank do not have authority to staple or change the title of your money even it is comingled. It owner's choice which money he wants to withdraw or diposit first

    Secondly, Nobody in the World address/claim their money by serial numbers or exempted money, that HE OWNS THAT NUMBERED DOLLAR BILLS WHICH ARE EXEMPTED BY HIS NAME SITTING IN THE BANK. Money is money , It is yours, it doesn't matter whether it is in your possession or sitting in the bank in your name and account number.

    The Question is that, whether that 3k money was Exempted or not ?

    My point is, when I Withdraw that money from bank it was exempted and it was mine because it was in my name/account. When I took it home it was still exempted and still mine(possession). When I bring it back to the bank still it was exempted and mine.

    Since, when did my money became NON Exempted From Exempted . WHEN I AM THE ONLY WITNESS WHO IS TESTIFYING UNDER THE OATH that my money is EXEMPTED . Can plaintiff bring any witness who testify under the oath that. he actually saw my money changing shape exempted money to non exempted money

  2. #12
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Is Bodily Injury Award/Settlement Funds from Accident is Exempted from Garnishmen

    You can present your arguments to the judge, and the judge will make a decision.

  3. #13
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Is Bodily Injury Award/Settlement Funds from Accident is Exempted from Garnishmen

    jslabana;481987]MY ANSWER IS. Nobody in the world has deposit /withdraw his money in the bank by MARKING EACH AND EVERY DOLLAR BILL SERIAL NUMBERS (MONEY) AS EXEMPTED to claim back from the bank in the future that he wants his same marked dollar bill back which are marked as EXEMPTED/ BY HIS NAME showing ownership of the money.(unless he can see his future in the crystal ball).
    EXACTLY!!!!

    Can you name a bank in the World who accepts your term /condition that, you will do the business with the bank if they deposit/ withdraw your same money, marked /by your name proving your ownership OF EXEMPTED MONEY.
    Nope and that is my point.

    Secondly, Nobody in the World address/claim their money by serial numbers that HE OWNS THAT NUMBERED DOLLAR BILLS WHICH ARE EXEMPTED BY HIS NAME SITTING IN THE BANK. Money is money , It is yours, it doesn't matter whether it is in your possession or sitting in the bank in your name and account number.
    Now you are catching on. That is the point; you cannot differentiate one bill from another. There is nothing proving it is exempt or non-exempt.

    The Question is that, whether that 3k money was exempted or not ?
    by the courts ruling, no and that is what counts.

    My point is, when I Withdraw that money from bank it was exempted and it was mine because it was in my name/account. When I took it home it was still exempted and still mine(possession). When I bring it back to the bank still it was exempted and mine.
    I suspect it wasn't exempt before you took it out of the bank. It just wasn't garnished...yet.

    Since, when did my money became NON Exempted From Exempted . WHEN I AM THE ONLY WITNESS WHO IS TESTIFYING UNDER THE OATH that my money is EXEMPTED .
    You can testify to your belief it is exempt. The court determined it wasn't. I guess that is when it went from exempt to non-exempt if you want a date.

  4. #14

    Default Re: Is Bodily Injury Award/Settlement Funds from Accident is Exempted from Garnishmen

    Quote Quoting jk
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    EXACTLY!!!!

    Nope and that is my point.

    Now you are catching on. That is the point; you cannot differentiate one bill from another. There is nothing proving it is exempt or non-exempt.

    by the courts ruling, no and that is what counts.

    I suspect it wasn't exempt before you took it out of the bank. It just wasn't garnished...yet.

    You can testify to your belief it is exempt. The court determined it wasn't. I guess that is when it went from exempt to non-exempt if you want a date.
    AS I heard that court is neutral when two parties enters the court. Court give their ruling in favor of the party who has more weigh (evidence) in his argument in determination of the judgment.

    When I claimed exemption, I provided evidence that my money is exempted (by providing proof/ source of exemption ire. social security, bodily injury bank statements MY AFFIDAVTE( WHEN MY WORD BECOMES THE LAW ) etc ) vs Plaintiff's objection claiming my money is non exempt with NONE EVIDENCE (weigh).

    what are the basis for saying NO while ruling (determination of judgment )when comparing both party's argument with EVIDENCE (weigh)

  5. #15
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Is Bodily Injury Award/Settlement Funds from Accident is Exempted from Garnishmen

    Quote Quoting jslabana
    View Post

    what are the basis for saying NO while ruling (determination of judgment )when comparing both party's argument with EVIDENCE (weigh)
    you were your own worst witness. You admit to commingling funds. Once that happens, you are asking a judge to determine what funds were left in the account. Apparently the judge felt that you could not separate one type of fund from the other so he ruled against you. Even you said this:

    bodily injury award funds from last five years were sitting in that accounts but objected it to prove the funds deposited and withdrawl were the exempted funds, that means each and every transactin I made in last five years was exempted money. Ii is very hard to prove/ trace the money from last 5 yrs unless (cpa) accountant's help. So the judge has denied my exemption claim and gave me 10 days time for reconsideration if I can prove that the money they took was exempted.

    MY AFFIDAVTE( WHEN MY WORD BECOMES THE LAW )
    your word never becomes the law. Your testimony is always nothing more than testimony of your knowledge. An affidavit simply means you have sworn, under penalty of perjury, that you are telling the truth. That in itself, does not mean the statement is true. It simply means you claim it is true.

    I would suggest you might have a valid argument for the $7k but proving you did not spend and then recoup the $3k prior to redepositing it into your account will be difficult. You are already in a losing position since the judge has made an initial ruling against you. I would think you have a better chance at letting the $3k go and trying to hang onto the remaining $7k since you can show you have never been below that amount.

    If you can somehow prove the $3k was never spent, then go for it but I do not see how it is possible, especially given your claim of how and why you withdrew it.

    A partial win is usually better than a total loss.

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