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  1. #1
    Join Date
    Aug 2014
    Posts
    25

    Default What Can a Judgment Creditor Do With Information About the Debtor's Spouse

    My question involves judgment recovery in the State of: Florida

    (post judgment) creditors are asking for spouse's work and (separate) bank info. I realize I can object this interrogatory request, but what could they do with this info since she's not listed on Judgment.. Just trying to figure out if its worth it to fight it or just give it to them since I assuming they can't do anything with it. If it makes any difference, she does have a well paying job supporting entire family and I am unemployed.

    I've had one lawyer (ask a lawyer for free type of site) tell me to say "I am without knowledge" to both work and bank Interrogatories, while another said it would be perjury if I did that. I could probably get away with using it for the bank info as it is true to extent and could seem possible to others that I wouldn't know every details about my spouse's own bank account.

  2. #2
    Join Date
    Feb 2011
    Location
    Arizona
    Posts
    387

    Default Re: Spouse's Info

    Actually, they can take action with that information. Even though the wife is not named in the judgment, as you are married they can place a garnishment on her wages to satisfy the judgment. Unless you have individual bank accounts, her earnings are marital property and fair game for the creditor to garnish. You can make it quick and simple by answering the interrogatory or make the creditor have their investigator work to identify the bank and serve the bank with papers. Those costs will then be added to the judgment.

  3. #3
    Join Date
    Oct 2006
    Posts
    15,616

    Default Re: Spouse's Info

    Quote Quoting AZDeputyClerk
    View Post
    Actually, they can take action with that information. Even though the wife is not named in the judgment, as you are married they can place a garnishment on her wages to satisfy the judgment. Unless you have individual bank accounts, her earnings are marital property and fair game for the creditor to garnish. You can make it quick and simple by answering the interrogatory or make the creditor have their investigator work to identify the bank and serve the bank with papers. Those costs will then be added to the judgment.
    Florida is not a community property state therefore that info is not accurate. That info is only accurate for community property states. He should not give them any of his wife's information.

  4. #4
    Join Date
    Aug 2014
    Posts
    25

    Default Re: Spouse's Info

    Just thinking all of this info is standard on the fact info sheet.... objecting to provide this info on the Interrogatory will probably be futile since it was approved for the fact info sheet..

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Spouse's Info

    Quote Quoting llworking
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    Florida is not a community property state therefore that info is not accurate. That info is only accurate for community property states. He should not give them any of his wife's information.

    Right, exactly. That'd only be relevant to what is it, 9 states? Florida not being one of 'em.

    OP -

    If they try to grab your spouse's money, it's not too difficult to have it thrown out since it IS Florida - which appears to be somewhat debtor-friendly (though nowhere near as much as Texas and PA). - and the judgment is only against you.

    Read here: http://www.floridabar.org/tfb/TFBCon...0Jointly%20Hel

  6. #6
    Join Date
    Feb 2011
    Posts
    576

    Default Re: Spouse's Info

    Although Texas is, relatively speaking, a debtor-friendly state, Florida has one up on Texas with regards to tenancy by the entirety. It is much more difficult, if not often impossible, for creditors to latch onto jointly held personal and real property in Florida, than in other states. Though Florida allows wage garnishments and Texas generally does not.

    Do your best to not even give them your spouses personal information in the first place. Do some research on proper answers to discovery in Florida. There are better answers in your case than simply claiming you are "without knowledge" of your wife's information

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Spouse's Info

    Quote Quoting tex11
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    Although Texas is, relatively speaking, a debtor-friendly state, Florida has one up on Texas with regards to tenancy by the entirety. It is much more difficult, if not often impossible, for creditors to latch onto jointly held personal and real property in Florida, than in other states. Though Florida allows wage garnishments and Texas generally does not.

    Do your best to not even give them your spouses personal information in the first place. Do some research on proper answers to discovery in Florida. There are better answers in your case than simply claiming you are "without knowledge" of your wife's information

    That's some very useful info right there!

  8. #8
    Join Date
    Aug 2014
    Posts
    25

    Default Re: Spouse's Info

    Quote Quoting tex11
    View Post
    Although Texas is, relatively speaking, a debtor-friendly state, Florida has one up on Texas with regards to tenancy by the entirety. It is much more difficult, if not often impossible, for creditors to latch onto jointly held personal and real property in Florida, than in other states.
    Just found out that my county (in which the judgment was awarded in) requires a $10,000 levy to the sheriff to seize personal property... guess I'm pretty safe in that aspect lol.

    Thanks for your response Tex11.

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