Opinion
5:20-cv-00288-RBD-PRL
09-03-2021
GHOST CONTROLS, LLC. Plaintiff, v. GATE1ACCESS LLC., and JULIO TOLEDO, an individual, Defendants.
NOTICE TO APPEAR
TO: Remotedeals, LLC
10582 Lakehill DriveClermont, FL 34711
YOU ARE NOTIFIED that, pursuant to Section 56.29, Florida Statutes and Federal Rule of Civil Procedure 69, proceedings supplementary to satisfy a January 8, 2021 Default Judgment by application of money transferred to you on January 25, 2021 and February 9, 2021 in the total amount of $175,000, by Julio Toledo and Gate1Access, LLC, Defendants in this proceeding, has been initiated against you by Plaintiff/Judgment Creditor, Ghost Controls, LLC. You are required to serve an affidavit within 20 days of the date of the service of this Notice stating that the property belongs to you. The affidavit must include any fact or legal defense opposing the application of the property toward the satisfaction of the judgment on counsel for Judgment Creditor, Andrew S. Rapacke, Esq., The Rapacke Law Group, P.A., 3750 Birch Terrace, Davie, FL 33330. You must file the original affidavit with the clerk of this court either before service on the counsel for the judgment creditor or immediately thereafter. Legal defenses need not be filed under oath but must be served contemporaneously with the affidavit.
If any of your property has been levied on and you choose to oppose the application of the property to be applied toward the satisfaction of the judgment, then you must furnish a bond with surety to be approved by the officer in favor of the judgment creditor. The amount of the bond must be double the value of the goods claimed as the value is fixed by the officer and conditioned to deliver said property on demand of said officer if it is adjudged to be the property of the judgment debtor and to pay the judgment creditor all damages found against you if it appears that the claim was interposed for the purpose of delay.
YOU HAVE A RIGHT TO A TRIAL BY JURY TO DETERMINE THE RIGHT TO THE PROPERTY. YOU ARE ENTITLED TO DISCOVERY UNDER THE FLORIDA RULES OF CIVIL PROCEDURE. IF THE COURT OR JURY DETERMINES THAT THE PROPERTY IS SUBJECT TO APPLICATION TOWARD THE SATISFACTION OF ITS JUDGMENT, THEN YOU MAY BE ORDERED TO PAY DAMAGES TO THE JUDGMENT CREDITOR OR SURRENDER THE PROPERTY OR OTHER OBLIGATION DUE TO THE JUDGMENT DEBTORS TO THE JUDGMENT CREDITOR, GHOST CONTROLS.
DONE and ORDERED,