Protection From A Judgment

This is not a legal opinion or legal advice since I am not a lawyer. As for the checking account, I would probably ask the government to change my method of payment to paper checks. As for the older car, it's hard to say. True, they may not want it but if that's all they can get, they may try anyway. If it hasn't happened already, usually you are called in for what is called a deposition. It may not even be in the attorneys office and may be conducted over the phone with a court reporter or paralegal present. Basically, the attorney asks you a lot of questions that you might expect to see on a financial statement. Do you own a car? Do you own a home? Do you have bank accounts? He/She is looking for assets. Once they have all this information, the attorney will sit down and decide if there is anything worth pursuing. It's mostly his or her call. If there's nothing there or nothing he is interested in getting, he will call you in again, usually in a year or so and re-examine where you are. If you have nothing, you have nothing. They can't squeeze blood out of a turnip! As I understand it, with a judgment, they CAN call you in every year for a deposition.

That is very good advice from a fellow Floridian. They can also file for a lien and if you should try to buy a house down the road you will not be able to get a mortgage unless you satisfy the judgment. The laws are different from state to state. Here in Fla it is very difficult to collect on an unsecured debt. Even if there is a judgement because so much is protected. What state are you in?

Eddie is right. See if you can get some other method of payment. When your check goes into the bank, it is then garnishable.

Law Student, what's your opinion on the older car? Do you think they would bother with it? I too have heard that, on credit card judgments, they usually don't because of the hassle...unless it's a new or late model car that is owned outright. Even a lot of bankruptcy trustees pass on older cars. Unless, of course, they are vintage, classic models.

Florida requires that the Sheriff be paid prior to executing a writ. In Leon County for example, $1500 is required to seize a vehicle, which will then be sold at an auction. So, a 10 year old car is probably safe.

Eddie, as to the old car, it's doubtful they'd try anything. They are after cash generally, and as Morningstar has pointed out, any other sort of asset would be a hassle for them. I'd check with state law as well, there are many exemptions to judgments. In some states, your car is exempt.

Thank you all for the great input!!!

Thanks Law Student! That brings up an interesting question. Sometimes, in a deposition they want you to bring tax returns, etc...If someone is called to a deposition and they hold title to a vehicle, can they be forced to bring that title and just hand it over? Or does the attorney have to get a writ?

Eddie you are describing a debtor exam.You must follow it to the letter or face jail for contempt of court.You can always change bank accounts after the exam.

Cajun, I'm not talking about bank accounts. I'm talking about a vehicle that you hold title on. Are you saying that if they want any title you are holding that you must hand it over??

If they put it in the court order to bring it to a debtor exam,then yes you must bring it to court.You need to look up Florida law & find out what your allowed exemptions are for judgment relief.

Cajun, I just looked this up as you suggested. Probably should have done it earlier. In Florida, a "debtors exam" is called a Form 7.342 that you are sent by the clerk of the court. You have 45 days to respond by filling it out and having it notorized. The actual form is even on line. When you respond a copy goes to the Plaintiff. Surprisingly,it is very basic. Real estate info (of course this is a Homestead state so they can't lien your principal place of residence), bank accounts, any stock/securities and motor vehicles. They ask for a COPY of any Title on any cars, not the original. You state value based on blue book or other documented means. That really answered my question. I would have been shocked to learn you have to hand them the actual title. That's not the case. Just a copy of it. (which is not legal tender). Then the Plaintiff reviews everything. I suppose he could get a Writ for the title/car but in the case of an old car, I doubt it's worth their time and expense. Florida also provides a $1000 judgment exemption. So if the old buggy is worth, say, $3500 blue book,(if it sells for that) the plaintiff can keep $2500 and has to PAY YOU $1000. The Plaintiff also has to pay the Sherriff $1500 to deal with it and $45 for the Writ. Net profit to Plaintiff: $955. Of course if the old buggy is worth more, he can "maybe" get more. I would say, overall, probably not worth the time and aggravation to mess with an older car.