Legal Question in Credit and Debt Law in Florida
My wife (debtor/defendant) received a default judgment and a FSC Rule 7.343 FIS for $3.8k. We have been married under a Prenuptial Agreement for almost 17 years and follow the terms of the contract at all times. Does she have to provide my financial information? Do you have to appear before the Court and raise this defense? She is effectively unemployed (self employed with an eBay store with a loss for 2016 and no profits). Only assets of hers: a vehicle valued a around $4.5k and clothes. Home is under her name but mortgage is under mine (thanks to a Quit Claim Deed about 8 years ago). Any options (e.g.: Can she file a Vacation of Judgment or Motion for New Trial, perhaps)??? Thanks!
1 Answer from Attorneys
Yes she does, even though the creditor cannot garnish or otherwise take your property to satisfy her judgment.