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What if I get sued but I have no assets or savings whatsoever?

Date: Tue, 06/16/2009 - 14:08

Submitted by anonymous
on Tue, 06/16/2009 - 14:08

Posts: 202330 Credits: [Donate]

Total Replies: 4


I feel pretty certain that I will be sued by at least one creditor/collection agency. The thing is, I have absolutely NO assets whatsoever. I have a couple of older trucks that are paid off and I have no savings, only a couple hundred in the bank at any one time. I also am self employed as a landscaper/gardener so it would be hard if not impossible to garnish my wages.
I owe Citi and Chase many thousands of dollars.
Just what would come of a lawsuit if I cannot afford to make payments and have nothing to seize? What then?

Thanks for your input.
Mcstiggs


What about SOL? Does that not apply to judgments? So does that mean that if buy a house 15 years from now or have savings 5 years from now that the judgment is still active?
If it is a collection agency suing me, don't they need proof that it is my debt? If I never signed a contract or ackowledge the debt with the CA, can they even prove that it is my debt. Especially years down the line?
Do my chances of settling for pennies on the dollar improve after such a judgment?

Thanks,
Mcstiggs


lrhall41

Submitted by on Tue, 06/16/2009 - 14:55

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I work for a collection law firm - we usually don't settle on judgments, there is little reason to. You may not have assets now but you never know what will happen. There are a lot of things they can do with judgments & they debt will continue to bill interest depending on you state. In CA a judgment will double in ten years from interest alone & will affect your ability to obtain employment & property. You may not have wages they can attach but there are still other ways so it's best just to resolve your bill. Good luck.


lrhall41

Submitted by on Tue, 06/16/2009 - 19:32

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Hi Mcstiggens,

Soaplady just talked about the SOL for judgments.
Quote:

In some states, judgements are good for up to twenty years

And like Guest stated, your chances of settling on a judgment are slim indeed.

Quote:
If it is a collection agency suing me, don't they need proof that it is my debt
Well, yeah, that goes without saying. But you have to file a Motion for Discovery.

Quote:
So does that mean that if buy a house 15 years from now
If you have an unpaid judgment, and your state SOL is 20 years, then you will not be able to get a home loan until 7 1/2 years after you pay the judgment (when it comes off of your credit report).

Do you actually have any judgments against you or are you just plotting strategy? As in chess, every single move requires a re-plan so its best to take things one day at a time and not get ahead of yourself.


lrhall41

Submitted by Chrys Henderson on Tue, 06/16/2009 - 23:18

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