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Produceman70 · Oct 27, 2006, 01:24 PM

Ok so I had leased a car a over 10 years ago. I was reposessed and I had a judgement on me for 10 years The judgement was removed about 6 months ago. The company who filed that judgement went bankrupt and an Bankruptcy lawyer is trying to collect the money I had a letter left on my door demanding my bank records and more... Can he refile judgement against me what do I or can I do to fight this? HELP

mr.yet · Oct 27, 2006, 01:28 PM

What state do you live? That will decide the statute of limitation on the judgment. As for the papers hanging on the door, that would be consider improper service.

You can "refuse for cause" and improper service, return them to the court, mark that in red ink within 72 hours.

Produceman70 · Oct 27, 2006, 03:42 PM

1st of all I live in Florida. Well as far as that is concerned it has been over a month now that the papers were left I was out of town and my roommate found them on the door step,, The big mistake was I called the bankruptsy attorney who bought the judgement (I guess that he did) and told him I have no job and haven't Had one.I can borrow money maybe from my mom and I could probably come up with maybe $2500.00 (The judgement was for $12,000.00 but he said with interest it is now like $17,950 He will only except $8500.00 or payments on the full amount. Now am I screwed Should I hire someone ? Can this be fixed. I am sure this could be fixed I only had the car for like 7 months over 12 years ago. Really sad!

mr.yet · Oct 27, 2006, 03:48 PM

Yes you should get a attorney.

Florida Statutes of Limitation

Contract or written instrument and for mortgage foreclosure: 5 years. F.S. 95.11.

Libel, slander, or unpaid wages: 2 years.

Judgments: 20 years total and to be a lien on any real property, it has to be re-recorded for a second time at 10 years.

The limitations period begins from the date the last element of the cause of action occurred, (95.051). NOTE: The limitation period is tolled (stopped) for any period during which the debtor is absent from the state and each time a voluntary payment is made on a debt arising from a written instrument.

Almost all other actions fall under the 4-year catch-all limitations period, (F.S. 95.11(3)(p)).

excon · Oct 27, 2006, 05:30 PM

Hello produce:

Well, as mr. yet discovered, a judgment is good for 20 years. I don't know what you mean by "removed". It obviously wasn't removed from the courthouse where it was rendered.

So you are liable! However, things aren't as bad as they look. Of course, if you had $20 grand sitting in the bank, I'd be giving you other advice. But, if you're broke, you're broke, and you sound broke. They can't squeeze blood out of a turnip.

Yes, they can attach your bank account, but if its empty, so what? No job means they have no paycheck to garnish, and you probably don't own your car, or home. No matter, in Florida, your home is safe from judgment creditors.

So, you're screwed?? How? You're in the drivers seat. He's trying to scare you, and shake what he can out of you. Sounds like it's working. He probably already knows you're judgment proof. If you can make a deal with him to accept $2,500, then try. If he doesn't accept, tell him to pound sand.

excon

Produceman70 · Oct 30, 2006, 08:27 AM

Ok let me go into more detail. My husband owns a business with me as VP. He has a bank acct with me as a signee. He is the acct holder. They actually filed in 1997 Ithis was on my credit report fro 7 years then taken off. I do not own a home but recently purchased (financed) a new vehicle for my husband in MY name... Can they take that? I looked in public records and just found out all this information. I never was physically handed a subpheona ever and it says it was a judgement by default. So do I hire an attorney do I offer this guy money Im a wreck. I told him I was separating from my husband and I moved in with my mother. I have nothing No job (which is kind of true the (no job part.)Husband owns company...

ScottGem · Oct 30, 2006, 08:51 AM

Are you just an authorized signer on the account or a join holder. If just a signer they can't touch that account.

Second, do not give this person ANY more info, unless a valid court order is served. You do NOT have to provide any bank account or job info. But you shouldn't lie. Just tell them you don't have to provide the info.

They MIGHT be able to take the car, if they can find out that its in your name.

The attorney is not a bankruptcy atty. Bankruptcy attorneys help people deal with debt, not collect it. This sounds like some sleaze who picks up charged off debt and then tries to collect.

You say "it was a judgement by default". So you have some paperwork on this. You need (actually your atty needs) to go back to the court that issued the judgement and try to vacate it.

excon · Oct 30, 2006, 09:08 AM

Originally Posted by Produceman70

Im a wreck...

Hello Producemangirl:

Relax... It's only money. What if it was your butt?

Speaking of which - STOP LYING TO HIM, or it MAY be your butt. Better yet, stop talking to him.

Things aren't so bad. Yes, he can get the car, but there's no equity, so he won't. No, he can't get your husbands business account, even though your name is on the account as a signer. Yes, he can attach YOUR shares in the business - but probably won't, unless hubby is making large cash. He probably doesn't know about hubby's business either, unless you told him.

As I said earlier, you're pretty much judgment proof. The more you talk to him, however, the LESS judgment proof you become. If you want it to go away, do what I suggested you do earlier. It isn't going to go away if you ignore it. This guy sounds like a real leech.

But, he's probably not a DUMB leech. He'll take what you're offering (as long as it's not packaged in a lie), unless he knows something that I don't know.

excon

PS> You’ll never overturn the judgment. Forget about it.

ScottGem · Oct 30, 2006, 09:38 AM

Two points. Taking the new car, it doesn't matter whether there is any equity in it. He doesn't care. He takes the car and you are still responsible for the loan.

While its unlikely that you would overturn the judgement, you might is there was some impropriety to its filing. That's what you need a lawyer for. To review the circumstances and pull some sneaky lawyer tricks ;).

Produceman70 · Oct 30, 2006, 08:18 PM

Thank you all Ok so I hired a lawyer... Ok he said since I was Never served back in 1997 We are going to see if there was some impropriety to its filing. I was scared by this creep. The company that sold me the car went bankrupt so I guess he bought the case. I will let you all know what happens soon. I go give the lawyer money tomorrow and he starts working it right away. But he made me feel a lot better talking to him today. My new line I have nothing to say speak to my lawyer... as per him
Thanks again everyone
Sha