On March 21, 2020, I received a letter from a debt collector saying the following:
"Pursuant to Florida Rule of Civil Procedure 1.977 and the Final Judgment entered on January 10, 2012, please return the completed Fact Information Sheet to our office within 30 days from the date of this letter (3/12/2020)."
The case status is Reclosed case.
You should contact the local Legal Aid office to see if you qualify for assistance in this matter or for a referral to a low cost consumer defense attorney. Depending on your personal situation, you may be "judgment proof", or as correctly stated by Attorney Haselman, negotiation can often resolve these issues, and depending on the creditor, they may take pennies on the dollar.
It might be a good idea to reply either way. Your best option is to try and negotiate them lifting the final judgment bc the judgment normally remains valid for 20 years whether you respond or not.
Maybe, maybe not. Did the Final Judgment direct you to complete the Form when it was first entered?
If it did, did you comply? If so, you are not required to submit again. If you didn't, then you should to avoid a contempt motion being filed, although, proceedings in civil cases are suspended in our court system due to the virus emergency.
If not, you were not required to do so in the first place, and the debt collector is trying to short cut the process.
Still, putting aside the coronavirus shutting down the civil cases for a moment, you still might wish to provide the information even if you do not have to, because when I am collecting on a judgment I use rules of procedure which allow me to ask for a WHOLE LOT MORE than what the Fact Information Sheet calls for. Just be prepared if and when you do send the information that a bank and/or wage will follow. You should consult with an attorney for a full explanation of the procedure and your rights.
But now we return to the virus. You are in no imminent danger. By answering this email I am not giving legal advice, just information. But what I tell me my clients is that I can not tell them to disregard a court order. Still, there is a timing issue. Courts are going forward only with "essential" cases. Civil cases, with a few exceptions, are not considered essential. So, everything not essential is on hold, for perhaps as much as 90 days. Take that into account when you decide how to proceed.
Just be prepar
Yes. The case status is an internal clerk court entry. It has nothing to do you the enforceability of your judgment. You are required to return the form with enclosures.
Wreck Car goin to work
I was on my way to work and i was in a serious car accendent, that was my fault, i was seriously injured. I was told that i could get workers comp. becuase of this wreck. Is this true here in ohio or what can i do?
