Small Claims Pre-Trial

[Magikk]

Florida

I'm living with a relative and an officer dropped off a Notice to appear for a pre-trial conference. I was not there when it was served. I can not afford a lawyer at this time, but I will eventually file for bankruptcy.

I own nothing except a 1997 Mazda. There's a couple dollars in my checking account, no savings account, and I haven't had a legitimate job and a long long time. Is there any reason to show up for this pretrial? It's from credit card debt and I'm sure I owe it, but I'm not going to admit I owe it.

[AngelinaCat]

You need to show up. If you don't, the creditor will get an automatic judgment against you. The paperwork you received should tell you who the creditor is and the amount.

When you appear, you can say either, yes, you owe the debt, or no you don't. In any event, the case will be sent to Arbitration. This is where you and the attorney for the creditor work out a payment plan. Arbitration sessions are normally only held once a month--at least in our county they are. When our case was sent to Arbitration, the date set was a date on which we knew we would be out of town, and those plans could not be changed. We said so, and the date was pushed back another month.

By the time THAT date arrived, we had filed BK and it all was then moot.

While we didn't plan to, this worked to our advantage. If you are careful, you can plan these things out.

Good luck!

[frogger]

Is there a reason to show up? Sure. You're guaranteed to lose if you don't!

[Magikk]

But I have no money, no job, and no assets except an old car. I was told they can't take your car. Besides, I have several other debts including student loan, county liens, child support, and more credit card debts in collections. What can I possibly gain by going to court? I can't prove I don't owe it and I can't pay it either.

I will eventually have to file for bankruptcy. There's no way I can ever pay all these debts.

[junker]

IF you are truly going to file bk in the near future...like Cat said you still want to at least delay any judgement until you get the bk filed.. once again...judgements are not AUTOMATICALLY removed in a normal bk...it CAN cost extra...not to mention ADDITIONAL fees from your lawyer IF he agrees to help remove the judgement...300 extra is normal....not to mention in SOME districts 150 or so to file...to have it removed....so yes....do what ever you can to delay the inevitable judgement....stall deny or whatever it takes till you get bk filed.......and IF the judgement comes before you get filed BE SURE to include the court THAT issued the judgement or lien in bk....

[Magikk]

It probably won't be the near future. I doubt I can delay a judgment long enough to file. Filing is going to cost me money I don't have, plus I'm married and separated and have no idea where my wife is. I believe she's left the country. None of my debts are tied to her, but It might complicate filing. A divorce is another thing I need money for.

[frogger]

But I have no money, no job, and no assets except an old car. I was told they can't take your car. Besides, I have several other debts including student loan, county liens, child support, and more credit card debts in collections. What can I possibly gain by going to court? I can't prove I don't owe it and I can't pay it either.

I will eventually have to file for bankruptcy. There's no way I can ever pay all these debts.

Is the old car paid for? If so, and if I won a judgement against you, I'd take it. Just my opinion...

[treehugger1]

What state are you in? A 1997 mazda can't be worth all that much and might fit in under your state exemptions from seizure.

If nothing else, I would show up and make it clear that there are no assets available. I would check my state exemptioms and also clearly note that everything you own is exempt from seizure.

And you never know what will occur. You could show up and offer them $3 a month. If you are so destitute, the plaintiff my accept it and the only way you might get a judgment, if accepted, is if you don't make your minimal monthly payments. Whatever you decide to do make sure you have no open checkng accounts with money in them at the time of the hearing.

[AngelinaCat]

Is the old car paid for? If so, and if I won a judgement against you, I'd take it. Just my opinion...

In Florida, you are allowed one car worth $1000.00 or less.

If you have a car worth more than that amount, and if I have a judgment against you, and I was mean enough and angry enough at you to go to the trouble, I could have the Sheriff's department in your county seize that vehicle and force it's sale at auction.

'Hub and I did just that several years ago, when MIL's ex-husband's girlfriend tried to steal 'Hub's deceased mother's mobile home. Long story short; we ended up with ex-husband's girlfriend's car, which I drove for several years. We named it 'Trophy'.

[Magikk]

Old 1997 Mazda MX6. Paid less than $1000 for it. Blue Book for a fair conditioned says $2,100 but this car was rebuilt and painted even though the title is clear. I owe my dad $500 for getting the radiator fixed. I tried to get him to take ownership of the car since I'm being sued but he says they can't take the car.

[AngelinaCat]

No, since you are being sued, you cannot transfer title. That is a big no-no.

Just go in as someone else suggested and say that you are broke and have no assets. Period.

I feel for you. Good luck. I would get busy and start planning to file BK. You may be a candidate for a simple Ch7. Read the Chapter 7 and the Pro Se Filing (doing it yourself) Boards for starters.

[frogger]

You could show up and offer them $3 a month. If you are so destitute, the plaintiff my accept it and the only way you might get a judgment, if accepted, is if you don't make your minimal monthly payments.

And if you are really broke, many times an offer of a few dollars a month will be accepted. If the choice is getting a little bit, or getting nothing, most would prefer to have the little bit.

Lay it out for them. I can do this, and if you can't accept it, then I'll do nothing and file for bk. Then, you get nothing.

[Magikk]

It's just one creditor I owe money 2. I'd say it would be maybe 1/4 of just the credit card debt I have. Not including student loans and liens from the county.

[Magikk]

ok, sounds like I need to buy some time. I will show up to this pretrial. I don't know what I will have to do or say. There's no time for a written response, I will be going to the court building. If I read the sticky right, I will claim I "lack sufficient knowledge to admit or deny" the claim.

[Magikk]

bah, my ride to court over slept. Guess I better find a way to file fast. I have no wages to garnish, no house to lien.

Does anyone know about how they can go after a car? Do I have to prove to someone that it's not worth $1000? The state should have records of what I paid for it.