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donnakays · Sep 27, 2006, 10:49 AM

My credit report stinks due to medical bills and a car I quit paying on 3 years ago. Car quit running, don't know what happened to it. Someone just served my grandmother a Summons for me on this old car debt for 12,000 plus late fees and attornery fees. My grandmother told them she didn't know where I lived but they handed her the summons which she gave to my mom. Should I file bankruptcy, I don't own or have anything. How long is a judgment good for in California?

ScottGem · Sep 27, 2006, 10:56 AM

Judgements last a long time. There is a shorted limit on how long they have to obtain the judgement, but once obtains, they can go after you for a while.

Whenter you should file for bankruptcy or not can be a complex issue that you are better off discussing with a bankruptcy attorney.

donnakays · Sep 27, 2006, 11:01 AM

I really don't have any money to file for bankruptcy. I am going to start a job on Monday making very little. How do they find out where you work to attach wages.

ScottGem · Sep 27, 2006, 11:41 AM

Any number of ways. That's how skip tracers make their living.

excon · Sep 27, 2006, 12:57 PM

Hello donna:

Well, of course you could go underground - work for cash - don't file taxes, etc. They can't collect a judgment on a person like that. But, if you do, be prepared to do it for a long time. If you avoid going to court, they'll have license to pick your pocket anytime you decide NOT to be underground anymore.

Sure, they're suing for $12k, and you're going to lose, that's for sure, but if you show up, and produce evidence that the car is only worth $1,500 (Kelly Blue Book), then you'll only have to pay $1,500. Or, even better - if you actually talk to them, you may be able to negotiate an even better deal.

But, if you ignore it, you're going to get screwed.

excon

ScottGem · Sep 27, 2006, 01:07 PM

Originally Posted by excon

but if you show up, and produce evidence that the car is only worth $1,500 (Kelly Blue Book), then you'll only have to pay $1,500.

I disagree with this. If you take a loan out for $12K, the finance company doesn't give a hoot what the car is worth. If you were foolish enough to pay that much for the car then that's what you owe. Going into court with proof the car was worth less that the loan balance won't get you very far.

But neither will hiding and running.

s_cianci · Sep 30, 2006, 09:55 AM

You may need to file for bankruptcy if you want to get out of this pending judgement. Have they repossessed the car? If not, why not? Ultimately, if you truly have nothing or no assets then they're trying to get blood out of a stone but this could pursue and haunt you for years.