I have a debt collection process in Miami Florida and I have a deposition on January 30th I am 61 and have some money put away for my retirement. I want to know if the debtor can touch my retirement and if my children can be held liable.I need to see a lawyer in Miami who can help. My phone is XXX-XXX-XXXX
I owe an ex-boss. The amount is 23,810.00. When I was employed by her , she loan me money. When I left i signed a promissory note. they
included interest. I signed in good faith. Started paying small amounts, what I could afford . I went to court around 1995 they requested my bank statements I waited to hear from them. The case fell thru the cracks in the court system and now in 2013 I hear from them again. Now I have to produce all bank info, insurance, mortgages etc. I do not own anythin g not even a bycicle. The only thing I have is my IRA for $35,000. On January 30th I have a "deposition Duces Tecum in aid of execution" with a request for production of documents and a list of questions called "post judgment
interrogatory to individual" One of the questions is for the names, social security numbers and job info on my kids (2) They have nothing
to do with this, so I feel I do not need to answer this questions. I want to know if they can touch my retirement account and whether I have to answer about my kids. I am in Florida, a senior citizen and would like to get some answers, whether this case merrits to go to a bankruptcy lawyer and if so can you recommend someone in Miami, Florida. My number is XXXXX
Unfortunately, yes, it is possible that the creditor can attach your IRA. You may have to go through bankruptcy in order to protect your IRA from attachment. As far as answering, you can make an objection as to the relevance of that information, but you will have to answer. The objection will help you in court so that they cannot enter it into evidence. So I would go speak to a bankruptcy attorney to protect your IRA. Please let me know if you have any additional questions. I would be happy to answer them for you without additional charge. If there is a delay in getting back to you it is either because I am answering other questions or I had to log off, but I will be back with you as soon as possible. It is VERY important that if you are not satisfied, please ask additional questions. DO NOT use the "Poor Service" or "Bad Service" ratings. Please do not rate me on bad news. Bad news is not my fault as I have no control over the law. But my goal is to provide you with top-notch service. Please ask additional questions until you are satisfied so that you give me a positive rating. Just give me a chance to try and help you because I am on your side. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!
Do I have enough time to proceed with a bankruptcy. before Jan 30th? Can my children be held liable for my debt?
Once you start the bankruptcy process, all of your creditors are placed on hold. So you just have to start it before the 30th of January. You don't have to end it by then. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. Thank you.