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te4ch · Jul 4, 2009, 02:08 PM

Hi, I was sued in CA small claims and lost by default, I could not show because I live in Florida. The judgement was mailed to me 3 weeks ago for $7500. My only income is social security, I do have a vehicle worth about $4500. The plaintiff is pursuing every legal means, he has already mailed me a demand for payment, although not certified mail. And just mailed me a statement of assets for me to complete. I am afraid to lose my only vehicle, I bought it with my social security backpay check in February. I'm disabled now and need a vehicle to doctors appts, medication etc. Is there any legal way to protect it so I can still drive it? I heard he could try and have the sheriff auction it!

Fr_Chuck · Jul 4, 2009, 02:10 PM

Not now, if a vechile is owned by a company but now any transfer of ownership could easily be proved to be nothing but fraud to hide property.

te4ch · Jul 4, 2009, 02:35 PM

Originally Posted by Fr_Chuck

Not now, if a vechile is owned by a company but now any transfer of ownership could easily be proved to be nothing but fraud to hide property.

So you are saying that if I sell the vehicle to someone else, moved my address and left no forwarding address, even then he could find my vehicle and put a levy on it, even if it's not registered to me anymore? How is that proven? How is that pursued from CA to FL?

mr.yet · Jul 4, 2009, 05:11 PM

Is the vehicle in your name only? If not than the other person would have a claim on it also.

Safe from Garnishment

Federal law makes Social Security benefits exempt from levy, garnishment, and assignment- 42 USC 407(a) states. "In general the right of any future payments under this sub chapter SHALL NOT be Transferable or assignable. AND NONE of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levey, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law".

This means that even if a creditor or debt attorney, collection agency has a judgement against you they CAN NOT garnish your SS payments nor can they take the money from you after it has been paid to you; for example, the portion of your bank account that is attributable to your SS benefits is EXEMPT from LEVY OR ATTACHMENT

te4ch · Jul 4, 2009, 06:30 PM

My vehicle was bought with my social security money, it is only in my name and it is paid for. Wondering if I can sell the vehicle to my step-fathers LLC company out of a completely different state, and he registers it in the company name?

ScottGem · Jul 4, 2009, 06:50 PM

Again, transferring the vehicle to avoid judgement is fraud.

Florida allows you an exemption on a vehicle of $1000.

You do NOT have to fill out the statement of assets unless ordered by a court.

What were you sued over?

te4ch · Jul 4, 2009, 06:54 PM

I was sued for a business loan. The venture failed, I was unable to comply. I borrowed $5000 with a written agreement to pay $6000 within 45 days or turn over my vehicle, the vehicle at the time was actually financed, I no longer have that vehicle. This was 4 years ago Sept 08. I am now permanently disabled with no means to pay back.

N0help4u · Jul 4, 2009, 10:17 PM

In my state at least they say if you rely on your vehicle for work or doctors appts that you have no other way to get to your car can't be taken. Plus it is a $4, car and may be considered something they might not want.
I am not saying this will work but it is an angle worth trying to explain you NEED it to get to your appts.

JudyKayTee · Jul 5, 2009, 04:17 PM

Originally Posted by te4ch

Hi, I was sued in CA small claims and lost by default, I could not show because I live in Florida. The judgement was mailed to me 3 weeks ago for $7500. My only income is social security, I do have a vehicle worth about $4500. The plaintiff is pursuing every legal means, he has already mailed me a demand for payment, although not certified mail. And just mailed me a statement of assets for me to complete. I am afraid to lose my only vehicle, I bought it with my social security backpay check in February. I'm disabled now and need a vehicle to doctors appts, medication etc. Is there any legal way to protect it so I can still drive it? I heard he could try and have the sheriff auction it!

I'm taking this right back to the beginning - jurisdiction for Small Claims Court is the residence of the PLAINTIFF. How was a Judgment obtained against you in a State where you don't reside?

I would attempt to reopen the Judgment and set it aside. The creditor can either serve you in Florida Court or skip the whole thing.

I see a legal problem with jurisdiction and, therefore, the Judgment.

te4ch · Jul 5, 2009, 07:33 PM

I don't know how the plaintiff was able to pursue this judgement this far. Even though I borrowed the money from him and had an agreement with him in writing, I still don't see it winning in SC when I live in Florida, but it did, and I got the judgement signed by a judge mailed to me, so that's that. I just want to protect what little thing I have left, which is a vehicle that I own worth about 4500.

JudyKayTee · Jul 6, 2009, 06:24 AM

Originally Posted by te4ch

I dont know how the plaintiff was able to pursue this judgement this far. Even though I borrowed the money from him and had an agreement with him in writing, I still don't see it winning in SC when I live in Florida, but it did, and I got the judgement signed by a judge mailed to me, so thats that. I just want to protect what little thing I have left, which is a vehicle that I own worth about 4500.

I say to set the Judgment aside - if you weren't served, if you weren't sued where you have a residence it is an illegal, worthless Judgment.

As far as protecting the car - that's how you do it. You can also wait until the creditor attempts to move against it and then respond with all the reasons you need transportation but in the meantime you'll be without a car.

Set the Judgment aside.