judgment process - questions

[tacomeat]

background - probably going to be filing bk in a few months (strategic delay to lessen chance of AP), but will probably be getting a judgment before then. i need to protect the equity in my car and my small ira, so i probably need to show up at some point so they dont get a default judgment (right?)


1. i think someone has been trying to serve me. if they come again, should i just accept the papers since i need to go and declare my exempted assets?


2. if they dont try and serve me again - how will i know if they are moving on toward a public notification and/or a default judgment? in other words, how do i get back in the loop? can i just call the attorney who's suing me to find out? is that wrong/dumb to do? i would check with the courts, but i have no idea which court to check.

3. can i simply advise the creditor attorney of my assets (with documentation) to show i have nothing to go after? will that stop this process?

4. what happens if and when i go to court? do i just take my IRA statement and my car loan statement (along with a list of my other paltry household assets)? is it as simple as me telling them i have no funds or assets to seize, and thats it?

5. is there any downside to getting a judgment now and waiting until the fall to file bk? the only risk i can think of is that if i happen to somehow come into money which they could seize, or if i got a job where they could garnish wages. but that raises another question for me.


5a. if a judgment is granted today, how does the creditor find out if i get a job in 2 months, or if i win $10,000 in the lottery in 2 months? because of the court decision, does it obligate me to make the court aware of any change in my financial situation?



6. OR - if i do nothing and a default judgment is awarded, is there an opportunity for me to simply declare my exempted assets before a seizure is granted? and if i dont respond now, am i continuously kept out of the loop until one day i find my ira has been liquidated? in other words, am i notified along the way of a judgment default? of a hearing date for the attempted seizure of my assets? and would my presence be summoned at that time?



thanks (again) !

[AngelinaCatHub]

background - probably going to be filing bk in a few months (strategic delay to lessen chance of AP), but will probably be getting a judgment before then. i need to protect the equity in my car and my small ira, so i probably need to show up at some point so they dont get a default judgment (right?) Your IRA is protected and no Judgment can levy against it. Your car is not.


1. i think someone has been trying to serve me. if they come again, should i just accept the papers since i need to go and declare my exempted assets? It is illegal to knowingly evade legal process. But, you do not have to assist them by answering the door unless you look out the window and know it is a process server.


2. if they dont try and serve me again - how will i know if they are moving on toward a public notification and/or a default judgment? in other words, how do i get back in the loop? can i just call the attorney who's suing me to find out? is that wrong/dumb to do? i would check with the courts, but i have no idea which court to check. Before you are served, a case number has to be assigned to you. You may call your civil records at the Court house and simply ask a clerk if any case had been filed against you and if so, what is the case number. The case number will look something like 10-1234CA, as an example.

3. can i simply advise the creditor attorney of my assets (with documentation) to show i have nothing to go after? will that stop this process? NO, not necessarily. If they get a Judgment it is good for about 10 years and renewable. They can attach your future wealth. You want to avoid a Judgment if possible. After bk, for extra trouble, and expense, you can get it vacated.

4. what happens if and when i go to court? do i just take my IRA statement and my car loan statement (along with a list of my other paltry household assets)? is it as simple as me telling them i have no funds or assets to seize, and thats it? NO. They won't ask you any of that. They will simply ask you of you admit or deny the debt. If you admit to it, the Judge will issue them a default Judgment. If you deny, a trial date will be set. However you can question the validity of the claim and/or the amount and that "may" get you a bit of time for the Plaintiff to get proof up. Beware, he could have all that with him too.

5. is there any downside to getting a judgment now and waiting until the fall to file bk? the only risk i can think of is that if i happen to somehow come into money which they could seize, or if i got a job where they could garnish wages. but that raises another question for me. Yes, IMO, it is not a good idea to get a Judgment. It is trouble in any case. If you get served, wait till the last day, and then FILE BK.


5a. if a judgment is granted today, how does the creditor find out if i get a job in 2 months, or if i win $10,000 in the lottery in 2 months? because of the court decision, does it obligate me to make the court aware of any change in my financial situation? NO. However, the Plaintiff in time can ask for a hearing, deposition, or interrogatory in which you under oath will be asked assets and account numbers. They then can levy on any or all and do this repeatedly until the Judgment is satisfied. I levied against a car in a $1200 Judgment I had. The car was sold for $1700, worth $6000, but after my expenses and $1000 given to the Defendant (the FL exemption) only satisfied $8. I could go back and get her replacement car, again and again. Not that mean. I got my pound of flesh and let it go. The Judgment is still active but I shall not act on it. Edit: I purchased the car myself at Public auction and drove it for four years.



6. OR - if i do nothing and a default judgment is awarded, is there an opportunity for me to simply declare my exempted assets before a seizure is granted? and if i dont respond now, am i continuously kept out of the loop until one day i find my ira has been liquidated? in other words, am i notified along the way of a judgment default? of a hearing date for the attempted seizure of my assets? and would my presence be summoned at that time? As mentioned above, you IRA is safe, unless you hit on it. Then it becomes an asset. You may find out by having a Sheriff and a guy with a roll back picking up your car in a 'writ of attachment'. It would be a rude awakening. However I believe you would know sooner in other ways.



thanks (again) !

What is the hold up and why do you wish so hard not to file. Have you taken a large cash advance? I think we have talked of this before and I remember this similar conversation some weeks ago. You need to pump more information this way to get better opinions. I've only answered your questions on the surface of what you asked. The underlying facts may be more helpful if we knew more. PM me if you wish. 'Hub

[GoingDown]

Tacomeat, if you're really going to be filing in a few months, then don't worry about this. It takes them months to file a lawsuit, get a judgment, and then awhile longer to getting around to going after your assets. And in most cases, they don't want your used car. They would first have to know that you owned a car, and then they would have to pay the sheriff to come out and serve the writ, and pay someone else to come out and tow your car away, and then pay someone to store it, and pay insurance for it, and then pay someone to auction it off, and pay you the exemption amount for vehicles in your state before they get even one penny of profit from it.