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Crabbergirl · Apr 30, 2008, 01:57 PM

Long story short. My nephew has an attorney fighting me for more interest than what was earned by a trust. :confused: :mad: We are at a stand still and headed to court. I could possibly end up with a judgement for the interest they are asking in addition to court cost and my nephews attorney fees. My questions are: 1)How long is a judgement in Florida ? 2) Can they attach my primary homesteaded residence? 3) Can they attach bank accounts, savings/checking, and or Bonds and securities, or other owned items? (4 Can they attach wages? 5) If I am the administrator but my husband was named in the event of my inability to serve will they also place a judgement against him since he really has had no dealing in this matter?
Please help. I can not afford an attorney even for advice. I don't have any other money than that earned by the trust. I am considering just letting them place a judgement against me.:eek:

PJAMOK · May 21, 2008, 02:27 PM

The great thing about the state of Florida is that if they get a judgement against you, you can declare bankruptcy and it will all be voided. If it's that big a debt, that may be the way to go. There should be some free legal firm down there that can help you. Check the yellow pages for free legal advice.

JudyKayTee · May 21, 2008, 02:35 PM

Originally Posted by Crabbergirl

Long story short. My nephew has an attorney fighting me for more interest than what was earned by a trust. :confused: :mad: We are at a stand still and headed to court. I could possibly end up with a judgement for the interest they are asking in addition to court cost and my nephews attorney fees. My questions are: 1)How long is a judgement in Florida ? 2) Can they attach my primary homesteaded residence? 3) Can they attach bank accounts, savings/checking, and or Bonds and securities, or other owned items? (4 Can they attach wages? 5) If I am the administrator but my husband was named in the event of my inability to serve will they also place a judgement against him since he really has had no dealing in this matter?
Please help. I can not afford an attorney even for advice. I don't have any other money than that earned by the trust. I am considering just letting them place a judgement against me.:eek:

I know you don't think you can afford an Attorney but in some cases you are shielded from lawsuits by the Trust - has anyone looked into the circumstances here?

In Florida your home is exempt, one auto with value up to $1,000, $1,000 in personal property. Your salary cannot be garnished if you are the head of household.

Yes, other property/assets you own individually OR jointly can be seized - anything in your husband's name alone cannot be seized unless there is also a Judgment against him.

I know liens in Florida are good for 10 years - I'm not so sure about Judgments (sorry). It might be 5 with a renewal for another 5.

Again - I would make certain you aren't shielded by this type of lawsuit by the terms of the trust. Such terms are not uncommon and hopefully the Attorney who wrote the original trust protected you against claims.