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Re: Frozen Bank Accounts! Florida version


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Posted by Taziblue (68.130.210.224) on November 19, 2003 at 10:24:22:

In Reply to: Re: Frozen Bank Accounts!? Whychat HELP!! posted by Angie on November 19, 2003 at 01:26:40:

Florida law basically does not permit ex parte motions. So, probably not.

English translation:

If the other side makes a motion (request) to the court, you must be notified and given the opportunity to respond to the motion both in writing( for example- ask the court to strike it, offer your side, etc) and in open court during a motion hearing.


So, it is highly unlikely that in Florida they could freeze your account prior to obtaining a judgment.

The exception would be if there was a substantial sum of money involved- the possibility of fraud - or the possibility of a company or company officer taking the money and going to Brazil.

In that event, there would probably still be a hearing- but that would be an emergency hearing- requesting the court to freeze the account for the reasons stated.

One of the counties does permit (by local rule) one type of ex parte motion- that is if you request discovery (information) and the other side repeatedly refuses your request, then you file an ex parte motion to have the court require the other side to answer.

Also, once a judgment is rendered, the other side must wait 30 days to allow for the defendant to file an appeal. This is routinely ignored. So, if this happens to you, and they request information before the 30 day deadline- go to court and file a motion against them.

Once the information request is initated, you generally have 30 days to answer.

If you are concerned about bank accouts, you can always close them and make other arrangements for paying your bills.





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