Oh, I wouldn't disagree ... but with a few arrows in his quiver he could throw enough sand in the gears to get a decent discount on the settlement... Remember, these guys have been sitting quiescent for the same period of time, and the law of how long a judgment may be enforced in Florida has significant uncertainties at the moment. You can't modify the common law without a statute. And that statute has been gone from the scene for more than forty years. Lieutenant Dan needs to be told his phantom limb is really, truly missing. So far nobody seems to have stepped into a courtroom and done that.
I'm being told at another forum that I could be forced into involuntary BR. Is that something to be concerned about on an 11k judgment?
Yes, I would be concerned. See http://www.flalawyer.com/involuntary.htm I would also refer you to him.
Update I ordered the file. It should be there on Tuesday. BTW, I just found out why the Writ names BofA as garnishee. It turns out they garnished my mother's safety deposit box! My mother recently had a bad stroke and I needed to enter the box to take care of her affairs because she is paralized. What neither of us were told was that I was put on the box as joint owner so I could get in. All that I left in the box was her wedding ring. It's only worth around $1000 but being that her father murdered her husband on Christmas Eve of 1989, the ring has special sentimental value to her. I feel terrible about this. I still have 14 days to try to dissolve this Writ before they drill open the box. My only defense I can think of is that they didn't file a Judgment Lien Certificate with the Department of State and perhaps the weak argument that the lien was renewed in 366 days. Any other ideas?
She can move to dissolve the writ ... it's her wedding ring. If she can't sign for things, there needs to be either a durable power of attorney or a guardianship in place. The latter could be formed on an emergency basis... It's best if the objection to what the creditor wants to do come from her, or from someone speaking for her. Your maneuvers will be seen as cavilling right now ... her objections would be solidly grounded.
Although I have POA, she can sign. I'll even get her statement notarized. Should I file the writ exclusively in her name or include her statement in my own Writ Dissolution form?
You need to know how the rule read when you were supposedly served, and you need to know whether the method of service used at that time was subject to any later challenge that overturned it, especially if any challenges were on a constitutional basis (state or federal constitutions) and were ruled on by the Florida Supreme Court.
Old hardcopies at the county law library ... Florida Statutes Annotated, Florida Jurisprudence ("service of process" or "process").
Mistake by Bank of America in making Safe Deposit Box Joint? I noticed that the OP may have believed that BofA was merely giving him authority to enter the safe deposit box, perhaps only if mom was unable, rather than making him joint owner. Now might be a good time to raise that mistake and disclaim any interest in the contents.
Florida statutes are online as far back as 1997. Chapter 48 is on process and service, I don't know if this what you need or not. http://www.leg.state.fl.us/statutes/index.cfm?StatuteYear=2000&Tab=statutes&Submenu=1
