so, you get sued!

[floridian]

im thinking more about not filing for bk, since im garnish proof and riding out the statute of limitations....

if i get sued by a cc company, where does it go to court? (small claims in your county, or what)...i live in a small town and i dont want to run into all my friends there..
im in florida.....

[AngelinaCatHub]

im thinking more about not filing for bk, since im garnish proof and riding out the statute of limitations....

if i get sued by a cc company, where does it go to court? (small claims in your county, or what)...i live in a small town and i dont want to run into all my friends there..
im in florida.....

They will generally sue you in small claims for money below 15K. It will be in your home county as that is the venue (where you live). The small claims judgment is just as bad as any other judgment and they can levy on your things, any or all of them to satisfy the judgment. I don't know your financial situation but a judgment is not good. It can hold up for 20 years in FL. Anything you get in the future they can attach.

No one is Judgment proof. Collection proof maybe but I would hate to have it over my head. Personal opinion. 'Hub

[kenshirley]

I am not sure about garnish proof either.
My wife and I are retired and I am told that cannot be touched but our money has to go to the bank via direct deposit and they can attach that I am told.
The attorney said if they do he can get in back but in the meantime we would be broke.

[jktrading]

How long to you expect to be "garnish proof?" Just going by my state of CA, a judgement stays in effect for 10 years and can then be renewed. Cat "post #2" says FL has a 20 year hold up period. Calls, letters, CA's contacting relatives/employers, and possibly going to court numerous times doesn't sound like something I would want to sign up for. File BK and it's generally over in 4 months.

[Dst1]

I am going to take the opposite tack. I think you can ride it out. One of the things I like to point out is the even the Nolo book on BK7 encourages people to not file BK if they are judgment proof. The real problem is that many people think they are judgment proof when they actually are not, and then get burned. But it is possible to be judgment proof and if you are why bother. Just because some sues, let them have a default judgment.

Of course, if you actually care about what people in your small community think, you are not actually judgment proof. So be certain you're really judgement proof before you go done that road.

[AngelinaCat]

The problem is with letting someone get a default judgment, is that if the creditor is a mean SOB and seeks to harass you by this means, he can make you go to depositions to disclose any and all of your assets--if you have any. Then they can file a 'writ of atrtachment' to anything you own that isn't covered in some kind of exempting instrument.

If you own real property, they can go for a 'lis replevins' for any of that. Florida does not have good exermptions unless you are homesteaded on the piece of property you are living on. If there is a second piece of property, say a rental unit, or lake-front cottage, that can possibly be attached and attacked.

Now, if any of these, real property or automobile has a mortgage or lein on it, that sheilds the item somewhat. The creditor wanting to seize it, will have to satisfy the mortgage or lien before they can do so. Then the item, may really not be worth their going after. Someone going to the trouble of going to court to try to attch your property or garnish your wages is going to have to go to court first and file fees.

It can be a toss up. Good luck to you.

[floridian]

my lawyer is the one who suggested that route... he said that if i can handle the heat, go for it... i really dont know if i can or not...

heres the thing, from the heart..... i live alone with my pets and the only happiness i get out of life is riding my motorcycles thru the smokies etc... if i file bk, i lose the things that makes me happy..

if i dont file bk, i can keep my cycles and keep making payments on them.... i get to enjoy myself a little, rather than becoming a hermit....

i have dicided that the best thing for me to do, is to keep my house... my lawyer thinks that if i do, it will force me into a chapter thirteen, do to excess disposible income... that would be one step above going to prison...

if i were to get a judgement, cant i file bk a year down the road and wipe it clean...

it would be kind of embarrassing to have to go to court and face the people that i used to work with....

im just not ready to be punished and face it, thats what it boils down to.... it just a subtle way to punish people...its nothing more than a civil fine, like a speeding ticket...

[Dst1]

Your attorney seems to have given you good advice. There are trade offs no matter which way you go, and only you can weigh the relative value of each path.

Yes, if they get a judgment that can be wiped out in BK. If you find some utility in waiting a year, go for it. But in all honesty it seems to me that what is really bugging you is facing you old co-workers. But if that is going to have to happen, you will be psychologically happier the sooner you get it over with.

[banca rotta]

When the SOL runs out your are still liable for the debt but they have no legal right to sue you. If they can't sue you then they cannot garnish wages,etc.

[StartingOver08]

They have the right to sue after the SOL runs out, it's just that you have an affirmative defense. If you don't bring up the fact that the sol has run, then a judgment can be awarded.

Remember, anyone can sue about anything at any time - right or wrong. But the SOL defense is a strong one and can defeat a lawsuit - but not if you ignore the summons.