when you receive a fact sheet from an attorney

What do you need to know about an attorney in fact?

The attorney-in-fact is responsible for keeping records of all the transactions they do for you. This is called “accounting.” Ask to see these records on a regular basis. Even if you trust someone, getting regular accountings on a quarterly or monthly basis is a good idea.

What do I need to know about the fact information sheet?

The fact information sheet requires that the debtor provide copies of deeds, car titles, and the debtor’s last two years’ federal tax returns. Schedule a phone or Zoom consultation to review your specific situation.

How long does it take to file a fact information sheet?

Upon the award of a final judgment, the creditor can ask the court to order the judgment debtor to complete the fact information sheet and return it to the creditor, with related documents, within 45 days. Florida law requires a judgment debtor to fill out the fact information sheet and provide it to the creditor.

What is a fact information sheet for a judgment?

Often Form 1.977 will be attached to the final judgment. The fact information sheet is, essentially, a financial statement. First, the debtor must provide information about his residence and family, so the creditor will know if the debtor is married and has dependents. The form asks about the debtor’s current employment and salary.

What does an attorney in fact do?

An attorney in fact is an agent authorized to act on behalf of another person, but not necessarily authorized to practice law, e.g. a person authorized to act by a power of attorney.

What is the difference between an attorney at law and an attorney in fact?

Attorney in fact vs. attorney at law — what's the difference? An attorney in fact is an agent who is authorized to act on behalf of another person but isn't necessarily authorized to practice law. An attorney at law is a lawyer who has been legally qualified to prosecute and defend actions before a court of law.

What happens after a default Judgement is issued in Florida?

In almost every case after a default is entered, the plaintiff will submit affidavits and a proposed judgment to the court and the court will then enter the judgment without the requirement that any hearings be held.

What personal property can be seized in a Judgement in Florida?

The sheriff's department can seize: Personal property: movable things (e.g., cars, horses, boats, furniture, jewelry) owned by the debtor. Real property: land and buildings owned by the debtor.

Who can override a power of attorney?

principalA power of attorney (POA) is a legal contract that gives a person (agent) the ability to act on behalf of someone (principal) and make decisions for them. Short answer: The principal who is still of sound mind can always override a power of attorney.

What's the difference between attorney and lawyer?

Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

What personal property can be seized in a Judgement?

Any property you own can be seized to pay the debt. It doesn't have to be related to the debt. Judgment creditors can only seize property you own.

Is a default judgment a final judgment?

About default judgments Depending on the nature of your claim, a default judgment can be: A final judgment. This is the court's final decision in a civil case. For example, the other party has to pay you a fixed amount of money, interest on the amount and legal costs.

How long does a Judgement last in Florida?

How long does a judgment lien last in Florida? A judgment lien in Florida will remain attached to the debtor's property (even if the property changes hands) for ten years (real estate lien) or five years (personal property lien).

Can you go to jail for debt in Florida?

You can't go to jail for failing to pay a debt or a judgment. However, if you do not pay a debt, or if a judgment is entered against you, this information can be reported to credit bureaus and made a part of your credit history.

Can debt collectors seize your bank account in Florida?

A debt collector ultimately could garnish your bank account or your wages if you live in Florida. The first thing they would need to do is file a lawsuit against you for the debt, once they obtained a judgment, they can record that judgment and proceed with debt collection.

What happens after a Judgement is entered against you?

What Happens After a Judgment Is Entered Against You? The court enters a judgment against you if your creditor wins their claim or you fail to show up to court. You should receive a notice of the judgment entry in the mail. The judgment creditor can then use that court judgment to try to collect money from you.

What happens if a debtor doesn't complete the Fact Information Sheet?

If the debtor does not complete the Fact Information Sheet by a court ordered deadline, the creditor may ask the court for an order that provides a new deadline after which the debtor could be held in contempt of court for failing to complete and serve the FIS. The judge may then order the debtor to show cause ...

What happens if you don't complete a fact sheet in Florida?

Are There Penalties for Not Completing a Fact Information Sheet? Under Florida law, the debtor must sign the Fact Information Sheet under oath, and intentional misstatements or omissions may be subject to perjury. A debtor may request additional time to complete the Fact Information Sheet in Florida if, for example, ...

What is a fact sheet in Florida?

A Florida Fact Information Sheet is a financial disclosure form that a judgment debtor is typically required to fill out for the judgment creditor after the final judgment is entered. The procedures for a Fact Information Sheet are incorporated in the Florida Rules of Civil Procedure.

How long does it take for a creditor to complete a fact sheet?

Upon the award of a final judgment, the creditor can ask the court to order the judgment debtor to complete the Fact Information Sheet and return it to the creditor, with related documents, within 45 days. The court typically will include in the final judgment itself an ordering paragraph pertaining to the debtor’s fact information sheet.

Why do creditors want spousal financial information?

Creditors often want spousal financial information to see if the debtor made fraudulent transfers to the non-debtor spouse. The financial status of a judgment debtor’s spouse is directly related to the judgment debtor’s own finances. It does not matter that the spouse is not named in the judgment itself.

What is the Florida money judgment?

Florida law allows a money judgment creditor broad discovery tools to find out any financial information concerning the judgment debtor. The statute authorizing this discovery allows the creditor to obtain this information from any person about any asset a creditor may attack in order to collect its judgment.. ...

What is 1.977 form?

Often Form 1.977 will be attached to the final judgment. The fact information sheet is, essentially, a financial statement. Frist, the debtor is required to provide information about his residence and family so the creditor will know if the debtor is married and has dependents. The form asked about the debtor’s current employment and salary.

How long do you have to answer a fact sheet?

It is important that you do not ignore the Fact Sheet, which is a court order because you can be held in contempt, but there is also no need to panic.Typically you have 45 days to answer the Fact Sheet and it is possible to motion the court for additional time prior to the expiration of the time to respond, if necessary, to obtain counsel and investigate what occurred in the case before you provide all your personal...

What happens if you don't complete the fact sheet?

How they claim you were properly served is a different issue.#N#But if you don't complete the fact information sheet, the creditor can ask for a motion for contempt, and you can be put in jail for failing to comply with a court order. A...

How old do you have to be to be an attorney in fact?

Any competent person over the age of 18 can be your attorney-in-fact. This includes family members. Many people choose a spouse or child. It is important to pick someone you trust deeply. Remember they will have control of things like your bank accounts or property. You can list more than one attorney-in-fact.

What is a power of attorney?

A power of attorney is written permission for someone to take care of property or money matters for you, in whatever way you want. In a power of attorney document, you are called the “principal” (person giving the power). The person who will take care of things for you is called the “attorney-in-fact.”. This person does not have to be a lawyer.

Why do you give someone a power of attorney?

Usually, you give a power of attorney so someone else can sign papers about property and money matters. The power can be limited to a certain thing, like selling a property, or it can be very broad, such as handling all property and money matters. It depends on what you write on the power of attorney form.

Where to file a power to sell land?

If you are giving a power to sell land, you need to file a signed original at the county recorder’s office. If the power deals with money matters, file a copy with the bank. When the attorney-in-fact acts for you, they sign their own name and then write: (their signature) As attorney-in-fact for (your name).

Can I take back my power of attorney?

Yes. A competent person can revoke (take back) a power of attorney at any time. You must put in writing that you revoke the power of attorney, and sign and date this in front of a notary. Send copies to the attorney-in-fact and to any person, office or bank the attorney-in-fact dealt with for you.

Who does the accounting go to?

It is also a good idea to have the accountings go to you AND someone else like a family member or friend who can help keep track of things. Legally, the attorney-in-fact is supposed to do things only in your best interest.

Is it a good idea to use a lawyer?

But it is a good idea to use a lawyer. The courts watch over the things that guardians or conservators do, but they do not watch over what an attorney-in-fact does. An attorney-in-fact could take advantage of you. A lawyer can help you put things in your power of attorney papers that limit the actions of the attorney-in-fact or make them have ...

What is a power of attorney?

power of attorney is a legal document that allows you (the principal) to authorize someone else (the attorney-in-fact) to handle your financial affairs. A power of attorney can be “durable,” which means it continues to be effective even if the principal becomes incapacitated or incompetent. No power of attorney continues beyond the principal’s death.

What is a power of attorney in Minnesota?

Minnesota Statutes create a statutory power of attorney. The form printed in the statute must be followed exactly, or it will not be the statutory short form. The advantage of the statutory short form is that it is short, easy to use and is easily recognized. Statutory penalties can be imposed if it is not recognized, so it is very likely third parties will readily accept the statutory short form. The principal can name more than one attorney-in-fact. The attorneys-in-fact may be authorized to act independently or they may be required to act jointly. Successor attorneys-in-fact can be named.

Who distributes secure power of attorney forms?

PennDOT, PAA and PIADA have entered into agreement that the associations will provide and distribute the Secure Power of Attorney forms. PAA and PIADA are the sole distributors of the forms in Pennsylvania.

What powers of attorney are needed for title in Pennsylvania?

Various powers of attorney may be used for title applications in Pennsylvania. 1. A Secure Power of Attorney (MV-POA) enables motor vehicle dealers or approved insurance companies to disclose the odometer reading on behalf of the seller and buyer (if applicable) when there is a lien or when the seller lost the proof of ownership and the dealer is applying for a duplicate title. Please note that both Sections A and B of Form MV-POA, contain space for the seller (in Section A) and the buyer (in Section B) to appoint the person from the motor vehicle dealership or insurance company named in the appropriate section of the form as the true and lawful attorney-in-fact to execute any and all applications for or assignment of the title for the vehicle described on the form. The Form MV-POA contains three separate sections:

What is a secure power of attorney in Pennsylvania?

Secure Power of Attorney is used by a registered Pennsylvania motor vehicle dealer or by a PennDOT-approved insurance company when a seller’s original proof of ownership is being held by a lienholder and is not available at the time the vehicle is transferred. It may also be used when the seller lost the certificate of title and the dealer or insurance company is applying for a duplicate certificate of title. NOTE: Approved insurance companies may use an e-POA in lieu of Form MV-POA, the Secure Power of Attorney form, with the transfer of salvaged vehicles.

What is proof of ownership in Pennsylvania?

“Proof of Ownership” – Pennsylvania Certificate of Title (11-89 or newer edition), Manufacturers Certificate of Origin and out-of-state certificate of title. NOTE: A bill of sale is not acceptable as proof of ownership.