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Judgement Proof.

Date: Tue, 11/21/2006 - 09:43

Submitted by anonymous
on Tue, 11/21/2006 - 09:43

Posts: 202330 Credits: [Donate]

Total Replies: 13


Civil Suit for nonpayment of unsecured debit has been filed. I do not own a home and my vehicle is financed which I am up-side down in value. I have $100 in my bank account. I have thought that filing bankruptcy would be an option but do not have the funds for legal fees. Would the courts declare me judgement proof?


The car has to have a excessive value before the court will order a sale and I don't believe an 8 year old Neon is worth alot of money.

Kelly Blue Book (the car price bible) list it at a value of between $1,500 and $2,400. After all the cost for the sale (which will come out of the money) there will be nothing left.

NOT GOING TO HAPPEN


lrhall41

Submitted by on Tue, 09/30/2008 - 20:22

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I used to own my own business ( closed it in Nov. 2000 ) I have some old sales tax that I was unable to pay ( which has grown with penalties & interest to approx. $10,000.00 ) I make $20.000.00 a year My husband gets $7,000.00 in Social Security less his Medicare payment & Medicare Part D payment. I have a $600.00 mortgage which I am 2 months behind/ My husband had open heart surgery 1 1/2 years ago and now have medical bills & medicine to pay for... I drive 1998 escort and my husband has a 1996 pickup truck. I have no health insurance. I have a $18,000.00 student loan for my daughter (which is in forbearance until Sept 2009) My husband is unable to work... My mortgage will be paid off 20 years if I don't loose it..... I received a letter from a Collection company representing the State of OHIO... What can they do to me I do not have the money to pay them. I still owe $45,000.00 on my home ( which was built in the 1950'2 and the the roof is leaking extremely bad ) I can't afford to have my wages garnished and I can't even afford to get sick.. I have No money in the bank and won no other property... Any help or suggestions would be greatly appreciated... THANKS


lrhall41

Submitted by on Sat, 02/14/2009 - 13:51

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Was your business a sole-proprietorship (or partnership); or did you form it as a Corporation, LLC or the like?

If you did not form a corporation/LLC, then you are personally responsible for all the business' debts. To that effect, the state can come after you for the taxes. They could probably garnish your wages, and/or place a lien on the house.

Now, because it is sales tax due the state, they may have more rights than a regular creditor. After all, the sales tax is money that your customers paid, and you collected on behalf of the state, and should have remitted to the state treasury upon receipt. That is not a regular debt, so the 25% max on garnishments may not apply. In some states, for government debt, they can suspend your driver's license until its paid. Some states may consider the failure to remit sales tax collected from your customers as a criminal offense (although I'd say if they did, then they'd already file charges by now).

You will be best to contact them and make some sort of arrangements. The balance will only get higher over time, and because it's a public debt you can't go bankrupt on it. Setting up an acceptable arrangement may save yourself from a surprises down the line.


lrhall41

Submitted by DebtCruncher on Sat, 02/14/2009 - 14:29

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I have an unsecured debt on credit cards of approxmatley 23000 and hospital bill for 30000. I don't own a house and my car is a 2002 hynda I'm on social security and have a part time job minimum wage. I was thinking about the statute of limitations in fla it is 4 yrs.. What do you recommend. THANKS


lrhall41

Submitted by on Sat, 05/02/2009 - 19:54

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sol of limitations depends on what state you are in..but remember sol only serves as a defense if they sue you in court..they can and will continue to collect on the debt forever..and forever is a long time to get those debt collector calls..
Now with that said, you must look up your state sol and decide if you want them to call you forever..
but just like chrys said, ch 7 bankruptcy may be a good option for you. hence it discharges all of your debts and liquidates your assets, but looking at your post, your assets are limited..i personally if it were me, would look at bankruptcy..just my thoughts..


lrhall41

Submitted by on Mon, 05/04/2009 - 06:00

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