QUESTION
Ex husbands deposit box was seized by Discover but MY jewelry was in it.
Asked on Feb 01st, 2015 on Debtor and Creditor - Florida
More details to this question:
I live in Fl. My ex husband has been postponing giving me my jewelry back for several years. I left it in his care when I relocated and couldn't get it back. TODAY he tells me, when I insist on its return, that Discover card seized his bank deposit box because he owed them nine thousand dollars in debt. Now I am terrified I will never get it back, as it's value is over ten thousand dollars. These are several pieces of jewelry I've gotten over the course of ten years, they are all imported from the middle east, and are distinctive. I am worried he's just going to let it go, since it's not his. How can I go about getting my things? I'm a single mom of two disabled kids, and have no money of my own. These pieces have very sentimental value (most of them weren't from him) and I'd like to leave them for my children when I die.
2 ANSWERS
Commercial Litigation Attorney serving St. Petersburg, FL
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From what you describe, it sounds as though your husband's bank was served with a Writ of Garnishment. If that is true, then Florida Statutes section 77.16 applies to "third party claims," explaining the procedure to try to get your property back. (You can look up the statute online.)The procedure is not really that difficult. You will need to prepare an affidavit fully explaining that the property is yours, why it is yours, with a good description of each item. That must be filed in the court where the garnishment occurred. The court should then set a trial on whether the stuff is yours -- it is supposed to be a jury trial unless all parties waive the jury.Obviously, it would be far better if you had an attorney to help you, but you may be able to file the affidavit on your own. However, you need to do it quickly, before the court makes a final decision on the disposition of the garnishment.
Answered on Feb 07th, 2015 at 5:54 AM
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
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Tischhauser Law Group
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Unfortunately, "I'm a single mom with no money" gets nowhere in the legal system. If the items in the box were subject to a garnishment, either your ex or you will have to go to court in proper fashion to address those issues BEFORE they take and sell the property. You will most likely have to hire a lawyer to do this or get a great deal of legal knowledge in a short period. It won't solve all of your issues, but this may help on some issues. www.pro-sepower.com
Answered on Feb 04th, 2015 at 1:46 PM
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