Legal Question in Civil Litigation in Florida
Motion for Default
If a motion for default is granted on a civil case, can they take my furniture if i am head of household (my daughter lives with me)? My mom lives with me can they take her belongings (ALl furniture is hers), she lives with me but is not an the lease.
1 Answer from Attorneys
Re: Motion for Default
Not unless the final judgment allows the judgment creditor to take possession of the furniture. Is the furniture the subject of the lawsuit? If you own the furniture, then the judgment creditor may attempt to attach it as a way to collect on the judgment amount. If you do not own it, and you can demonstrate that somehow, then the judgment creditor will have a very hard time taking property that does not belong to the judgment debtor. Typically, the plaintiff/judgment creditor will take your deposition to learn what assets, if any, you have in order to pursue them for collection purposes. Good luck.
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