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Edensmimi · Apr 24, 2013, 08:11 AM

My husband's bank account was basically frozen with a 51, 000 debit hold from state of Florida. We didn't receive any prior notice, they just did it. His ex wife went to court to get a judgement against him. He was never told about any hearing as she "acted" like she didn't know where he was. She knew exactly where he lived as she had sent a petition to try and stop him from getting half of a wrongful death suit on one of their children. I am also sure she didn't tell this judge that my husband gave her 40,000 towards any support she felt she had coming. That was her main gripe as to why she was petitioning the court to not let him get his half. We ended up getting his half, due to me finding a loop hole in their documents. We both spoke to her attorney and agreed that the 40 grand would to her for support. We need to either request an administrative hearing or petition the court for a hearing, we are just not sure of which way to go. If we go administrative she is not even notified, if we do the petition of course she will be notified, which her knwoing doesn't matter to us. What does matter is she knowingly allowed him to not be properly notified of the intent to place a judgement. According to Child support audit of 2010 his balance was 5400.00 she has now got it at 51,000 to cover medical cost and lawyers fees etc. Anyone knowing the Florida laws can assist us in which way we should handle this? Will an administrative hearing allow us to provide them with the transcript from her where she filed for the judgement showing she lied about knowing where he was and the fact she never mentioned the 40 grand? Only down side is it was not in writing what the 40 grand was for, it was basically us trusting her lawyer and the simple fact that was her main gripe. Please help if you can

cdad · Apr 24, 2013, 09:00 AM

Take it to court in front of a judge. Present all evidence including the amounts you have shown from 2010. You will need all the documentation to go with it. Include the 40,000 as part of your current calculations. You should have never given over any funds without something being in writing.

Edensmimi · Apr 24, 2013, 10:16 AM

Well it stated in her petition to not deposit his share into his account due to child support, we know better now. Thank you very much. Trouble is with our acct frozen we can't afford to hire an attorney, but feel confident about filing the petitions ourselves, think that would be OK we are in Texas she is in Fla

ScottGem · Apr 24, 2013, 10:35 AM

If she has an attorney and you don't, it is 2 strikes against you. The first thing is to vacate the writ of execution against your bank account for improper service. Once that is done your funds can be freed.

But I agree you want to go before a judge and show how she lied to get the court to issue a writ.

Edensmimi · Apr 24, 2013, 10:55 AM

Originally Posted by ScottGem

If she has an attorney and you don't, it is 2 strikes against you. The first thing is to vacate the writ of execution against your bank account for improper service. Once that is done your funds can be freed.

But I agree you want to go before a judge and show how she lied to get the court to issue a writ.

Thanks so much, you are always such a great help

Edensmimi · Apr 25, 2013, 10:56 AM

Florida Department of Revenue states if we let them keep the money that's in both accounts they will lift the hold and wait for us to go to court. They also said they can levy your bank account without notice so you don't have time to "drain" it. Got a consultation with an attorney hope he calls back soon :(

Edensmimi · Apr 26, 2013, 09:20 AM

No word from the Florida Attorney yet :( and the Florida DOR is hounding my husband to agree to let them keep what's in the accounts and provide his last 3 bank statements and they will "lift" the hold. ANY ADVICE PLEASE?

ScottGem · Apr 26, 2013, 09:30 AM

They are correct that they do not need to give notice ONCE THEY GET A JUDGMENT. The problem here, according to what you have said, is that the judgment was obtained illegally, since you weren't given proper notice. That's why your first move would be to get the judge to vacate the writ of execution.

So I would not give in to the DOR until you know whether a judge will vacate the judgment.

If you go to court and prove that the amount was way overstated, then it will be very hard to get DOR to give you a refund.