Claimed Lawyer ProfileQ&A
- Business Law
- Real Estate Law
Jurisdictions Admitted to Practice
- Middle District of Florida (Federal & U.S. Bankruptcy Courts)
- Southern District of Florida (Federal & U.S. Bankruptcy Courts)
- U.S. Supreme Court
- Managing Shareholder
- Schatzman & Schatzman, P.A.
- - Current
- Western Michigan University Cooley Law School
- J.D. (1989)
- Activities: President - 60 Plus Law Clinic
- University of Florida
- B.A. (1986) | Political Science
- Commercial Law League of America
Websites & Blogs
- Schatzman & Schatzman, P.A.
3 Questions Answered
- Q. My wife and me filed bankruptcy chapter 7 on 03/09/2020 in Miami FL, on May 4 we had the court meeting.
- A: No, you do not have to report it. Once you file your case, any income you earn and receive after that belongs to you and does not put into the bankruptcy case or go to your creditors. Generally, the only exception would be if you receive an inheritance within 6 months after filing your bankruptcy case.
- Q. Hi a debt collection called me I don't pay them they threaten me to take my social security check and take me to
- A: Generally, until a creditor (other than the IRS or some other government agencies) has a judgment, they cannot garnish or take your Social Security or any other funds from you. This appears to be a threat from a collection agency or collection attorney who may not yet have a judgment. If they don't have a judgment, they may try to sue you, but your Social Security will be protected and is exempt from creditors under federal law even if they get a judgment. You should consult an attorney if you are sued or if someone tries to garnish your Social Security payments.
- Q. How do I obtain a civil subpoena for production of bank account information?
- A: Post-Judgment discovery in a small claims case is governed by Florida Small Claims Rule 7.221. Under that Rule, you can serve the defendant with a Fact Information Sheet Form 7.343 (FAS). The FAS requires the defendant to provide financial information including bank account statements and tax returns. If your judgment did not include a provision for the defendant to complete a FAS, you can file a motion for the court to enter an order requiring the defendant to complete a FAS. This should get you the same information you are trying to subpoena. Sometimes that defendants refuse to cooperate and you need to seek additional assistance from the court to compel them to complete the FAS. To request documents from a non-party, you have to comply with Fla. Rule of Civil Procedure 1.351. The process includes giving the defendant notice of your intent to serve the subpoena on a non-party and an opportunity for the defendant to object to the subpoena within either 10 or 15 days, depending on how notice is provided. While you could do these things on your own, it is probably a good idea to pay an experience attorney to do them for you. In some instances, the fees paid to the attorney may be recoverable.
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