Re: Lawsuit Help

Posted by J Kelly (141.151.91.180) on May 22, 2004 at 13:46:44:

In Reply to: Lawsuit Help posted by 1dering on May 21, 2004 at 23:42:40:

OK lets look at what happens if they get a judgement against you. You are in Florida, they can not touch your home. NO, they can not come and take your possessions, and honestly, they don't want them. My attorney told me when I filed bk. that any ONE item could be valued at 400.00 garage sale prices. So, for most of us, our possessions just are not worth the trouble.
http://www.bankruptcyaction.com/flexemptions.htm
Take a look at this link, this is what is exempt in bk and judgement. What they will be looking for will be wage garnishment, bank accounts, could go after vehicle, if it is in your name along. BUT that would have to be a very expensive vehicle without lein. Not likely for a 10K debt.
The exemption for garnishment is 40X the Fed. Minimum wage-or about 210.net, (after taxes & SS)
NEVER LIE TO THE COURT, but I would disclose income as whatever you file taxes on. (8%). Tips are irregular, and you really can't count on them. Some days are good and some not so good....right!! ALSO, answer all questions truthfully, but don't volunteer information. Keep your answers short and to the point. I don't know anything about a phone hearing, but I would suppose that they will give you the opportunity to make a payment plan. This sounds like a debt within SOL, and still with the original creditor? Your call on that one. Remember, it is up to them to prove that this is your debt, that all of the charges are true and correct, and that all the interest and penalities are legal in your state. NO, IF THIS IS YOUR INDIVIDUAL DEBT. They can not touch your husband. I think they will be trying to get you into a voluntary payment plan. If you don't agree, there really isn't much they can do about it. If you have a lot of debt, you might want to consider bk. Good luck

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