Quash Subpoena Duces Tecum? FL Judgement vs. RE - Posted by Walt_FL

Posted by lukeNC on May 02, 2006 at 08:37:36:

from what you have described this judgment does not attach. I know in NC that a judgment against one person does not attach to a home owned by the entireties even if the other spouse dies.

I’m not familiar with FL law, but I know that it is virtually impossible to enforce a judgment against a homestead there.

In addition a person has to be personally served with a money owed suit, in NC.

Remember, the attorney works for the client, so as long as the client pays him, he’ll do whatever he has to do.

Sounds like they dont know what they are doing. But, I’d provide all the info just so they cant get an additional claim against you.

Quash Subpoena Duces Tecum? FL Judgement vs. RE - Posted by Walt_FL

Posted by Walt_FL on April 30, 2006 at 13:50:48:

Hi All,

I would like to Thank John Hyre, John Merchant, Bill Bronchick, Et Al For Your Contributions to this Forum. I have already gained knowledge and insight into a ?Subpoena Duces Tecum?, by searching the Archives (Thanks CREonline.com, Terry & J.P. Vaughn). Their knowledge and expertise is exceeded only by their willingness to share and help others, it is no easy task, THANKS!

I am posting this on the Legal & Main Forums, as I believe it crosses Property/Title Ownership and Legal/Lien Issues.

I have been served personally with a subpoena duces tecum, in which my Corporation Paid/Redeemed the Property Taxes for a Person whom my Corporation Paid His Delinquent Property Taxes, keeping him in his home of nearly 40 years.

An attorney is apparently trying to force a Judgement obtained against this persons grandfather, (now deceased) from 1994. My Corporation now holds a mortgage on (Inferior to many additional Mortgages, Liens, Etc.) I also received a LPOA. I was not aware of this judgement at the time and question its validity and enforcement now. I believe the property was homesteaded at the time.

The judgement was a default judgement (Defendant was never PERSONALLY served, deposed, or answered case and may have had dementia). The attorney submitted the ?damages? of $3k in chiropractic bills and $50k for Past & Future Pain & Suffering, Past & Future Loss of Enjoyment of Life, Past & Future Mental Anguish, and the Wife awarded $4k for loss of his manly services (What a stud!) Anyway a judge signed the Final Judgement.

In Florida, does a person have to be served PERSONALLY (vs. Substitute Service) for a Judgement to be Forced and Collected? Foreclosing and Selling Property? ( I thought I heard that in order for a money judgement to be enforced/collected, that the person must have been personally served??)

In Florida, does a judgement against one party in a Homesteaded Tenancy By the Entirety attach? Does it attach to their estate upon death.

There must also be a good reason that an attorney is proceeding in this direction. I understand that they are disappointed and thought they were going to get their judgement paid from the proceeds of the Tax Deed Sale at the expense of this individual. My Corporation, REDEEMED the Certificates as allowed by law. My belief is this Subpoena may be an attempt to intimidate and ?Squeeze The Grapes? to provide information they can use against this persons property (he lives in the house).

They are asking for ?Any and All documents concerning his payment of the tax deed on the property owned by the estate of ____________ as well as a copy of the Death Certificate of _______________?
(his=Me?s personally) As far as I know. this is public record information, they are asking ME to produce, I had to go to the Tax Collector to get the Printout of the Payment made by my corporation.

I am Not familiar with this process, and feel this unwarranted and unjustified. I have never been deposed and do Not wish to cooperate with someone trying to do harm to myself, family, associates, or friends. I believe that the Corporations Resident Agent Should have been served during set business hours, and do not wish to have people ignore my Corporation and my actions as its President and Not Personally.

I believe I am going to file a ?Motion to Quash? in an attempt stop them or buy time to get advice in this matter, as it is very complicated.

I am in need of any information, recommendation, remedies, or advice you may have in this matter, please post or Email me.
Thank You for Your Time and All the Very Best,