Legal Question in Credit and Debt Law in Florida
I was recently sued regarding a past due billed at the nursing home where my mother resided here in Florida until she passed away in 2008. Because I was her power of attorny and signed as guarantor the judge sided with the nursing home and said I was resposible for the bill. They are askinf for the bill plus 4.5 yrs of interes along with attorny fees. I received a letter from the attorny for the nursing home that has the Final Judgemnt of the court and a "Fact Information Sheet" attached to it. They want all personal information including income of everyone residing in my home. First do I have to provide all that personal information? Second can they come after my wife or anyone else in my house for the money that is owed when my name is the only one on the lawsuit?
4 Answers from Attorneys
You must answer the questionaire or you waive certain riights. See a lawyer if you need help. See garnishement discusion on www.ConsumerLawyerHelp.com. You are the only one responsible.
It sounds like a default judgment might have been obtained against you. You should contact an attorney immediately or you could, like Mr. Marino said, waive certain rights. There are also very tight deadlines for contesting the default.
Yes, you must answer every question on the Fact Information Sheet. No, the creditor cannot "come after" anyone else for the debt, but they have a right to know everything about your finances to include who lives with you, your children and their ages and addresses, etc. The Fact Information Sheet has been approved by the Florida Supreme Court, which means that the Court has already decided that these questions are reasonable and appropriate.
Have the judgment set aside - ask for a new hearing - the judge didn't side with anyone because you did not show up for the hearing and they obtained a default judgment. State that you are NOT responsible for the debts of your deceased relative. If you need assistance contact my office for an appointment 904-997-1031
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