A question about Civil Lawsuits - GoFuckYourself.com

mal · 04-13-2006, 05:51 PM

lets say a company is suing you and you get served with a court summons. you fail to respond back to the summons ands the company wins a default judgment in the case. and they are asking for $500,000 when you only have $20,000 in assets. what would happen? could you file bankruptcy to get out of the rest of the $480,000 that you owe?

Mr Pheer · 04-13-2006, 05:55 PM

why the hell did you not show up for court and let them win by default

mal · 04-13-2006, 06:02 PM

Quote:

Originally Posted by MrPheer

why the hell did you not show up for court and let them win by default

my friend didnt show up for court because he is being sued by a company in another state. he was too lazy to travel.

BlackCrayon · 04-13-2006, 06:31 PM

your friend didn't have to show up himself if he would of hired an attorney. i don't know the answer but i hope its not MS.

mal · 04-13-2006, 06:34 PM

Quote:

Originally Posted by BlackCrayon

your friend didn't have to show up himself if he would of hired an attorney. i don't know the answer but i hope its not MS.

it is MS

sumphatpimp · 04-13-2006, 06:35 PM

if he don't give a shit we sure don't.

before they close the border, mexico.
and then get lost.

mal · 04-13-2006, 06:38 PM

but seriously. after they go after his $20,000 in assets what else can they do to him?

Kevin - The PNN · 04-13-2006, 06:38 PM

It depends on the State. Some States will not let you clear a judgment by declaring bankruptcy. You need to hire an attorney, quickly. You?re an idiot for letting this get this far.

dakota1358 · 04-13-2006, 06:52 PM

Get a fucking lawyer now

woj · 04-13-2006, 07:12 PM

If he was too stupid to hire a lawyer I hope he has to pay off every penny from that 500k....

SpeakEasy · 04-13-2006, 07:18 PM

Quote:

Originally Posted by mal

but seriously. after they go after his $20,000 in assets what else can they do to him?

They can and most likley will garnish all of your future earnings until the judgement is paid off. Basically you fucked yourself by being to stupid to get a Lawyer and work it out before letting them get a default judgement.

After Shock Media · 04-13-2006, 07:22 PM

He looses the 20k in assets. Company can place liens or garnishments on wages and so forth. Judgement will be entered into record that will remain for many fucking years. After they take what they can and fuck you as they will, they ussually will end up selling off the judgement to collections and there it will remain for 5+ years depending on the state. If they are able to get any money during the collection period the time starts all over.

Bankruptcy reform has also changed a great deal, so it is not as easy to erase and forget.

Mr Pheer · 04-13-2006, 07:27 PM

if your 'friend' was too fuckin lazy to travel over a half million dollar lawsuit, he is probably too lazy to get any kind of a job or even wipe his own ass. Just tell him to sell what he can on ebay or whatever and get a head start on being homeless.

Mr Pheer · 04-13-2006, 07:31 PM

tell you stupid friend that if he had showed up, he could have most likely got that reduced by maybe 75% or maybe even had it thrown out. Not showing up is so fucking dumb I cant even understand how someone can be that stupid. I hope if I ever sue someone, I hope they just dont show up.

baddog · 04-13-2006, 08:17 PM

Quote:

Originally Posted by mal

but seriously. after they go after his $20,000 in assets what else can they do to him?

Nothing much besides get an order to collect any future earnings he has.

Your friend is an idiot.

minusonebit · 04-13-2006, 10:57 PM

Wait a minute. Where does your friend live and where is the company that sued him? Are you sure that jursdiction was proper?

Default judgments can be vacated if you argue invalid service and/or jursdiction. You cant argue the merits of the case, missed your chance to do that already.

CuriousToyBoy · 04-14-2006, 01:09 AM

Hope he lives in Florida (forget the other 3 states off-hand that still have it).

Gotta love the homestead law.

2c

SilentKnight · 04-14-2006, 06:13 AM

I can't find sympathy for someone who can't take the responsibility of hiring a lawyer and having legal representation in a civil suit. That's just plain stupidity any way you look at it.

It may already be too late, but if I was your buddy I'd be hiring an attorney PRONTO! and looking in to what legal rights are remaining.

Either way, sounds like he's royally fubar'd at this point.

Manowar · 04-14-2006, 06:52 AM

he is screwed

After Shock Media · 04-14-2006, 11:13 AM

Quote:

Originally Posted by CuriousToyBoy

Hope he lives in Florida (forget the other 3 states off-hand that still have it).

Gotta love the homestead law.

2c

Texas, Florida, and Oklahoma have the broadest homestead laws.

i-Affiliate_com · 04-14-2006, 02:35 PM

If he does not have the money they can't collect.

mal · 04-14-2006, 02:36 PM

Quote:

Originally Posted by i-Affiliate_com

If he does not have the money they can't collect.

cant they collect on any future earnings he makes?

Mr Pheer · 04-14-2006, 02:39 PM

Quote:

Originally Posted by mal

cant they collect on any future earnings he makes?

absolutely

what a retard

what he spamming them or something?

mal · 04-14-2006, 02:43 PM

Quote:

Originally Posted by MrPheer

absolutely

what a retard

what he spamming them or something?

they claim he was spamming them but he doesnt even mail.

Mr Pheer · 04-14-2006, 02:44 PM

Quote:

Originally Posted by mal

they claim he was spamming them but he doesnt even mail.

so he doesnt even mail, they sue him for a half million and he just lets them win by default?

sure.... ok man

CuriousToyBoy · 04-14-2006, 02:47 PM

Quote:

Originally Posted by After Shock Media

Texas, Florida, and Oklahoma have the broadest homestead laws.

Amen to that.

Ask OJ.

sublimed · 04-14-2006, 02:50 PM

Quote:

Originally Posted by CuriousToyBoy

Amen to that.

Ask OJ.

how does living in one of those three states help you out if your being sued by MS?

BlingDaddy · 04-14-2006, 02:53 PM

I always come to GFY for my "expert" legal advice.

After Shock Media · 04-14-2006, 03:00 PM

Quote:

Originally Posted by sublimed

how does living in one of those three states help you out if your being sued by MS?

In those states you can not be forced to sell property or they have very nice rules regarding it.

pornguy · 04-14-2006, 03:00 PM

Something wrong with that story.

i-Affiliate_com · 04-14-2006, 05:18 PM

Quote:

Originally Posted by mal

cant they collect on any future earnings he makes?

If they are going to take the trouble to do that, yes, you can have wages garnished if he can wages . Even then I understand the max is 25% - the guy has to live.

minusonebit · 04-14-2006, 07:32 PM

Quote:

Originally Posted by i-Affiliate_com

If they are going to take the trouble to do that, yes, you can have wages garnished if he can wages . Even then I understand the max is 25% - the guy has to live.

Its not much trouble to do it. Hell, any idiot can do it, the courts even publish a do it yourself guide with simple forms for doing this. And if he was sued for spamming, you can bet that whoever sued him is gonna go after him. And it sounds like he deserves it.

ed146 · 04-14-2006, 08:00 PM

Quote:

Originally Posted by mal

cant they collect on any future earnings he makes?

Sounds you did this not your "imaginary" friend.

Gaybucks · 04-14-2006, 09:07 PM

I think you've got your basic answers, maybe I can recap brieflly (standard disclaimer, IANAL)

-- The default judgement is enforceable against any assets, liquid or not, that the person owns. This includes ownership % in businesses, domain names, intellectual property such as photo sets, websites, etc., cars, boats, any sort of cash/securities/stocks/etc. There are limited exclusions for a house that you live in, but they can still get a lien against it so it can't be sold without paying off the leinholder.

-- The judgement stays alive for a long time, varying by state (7 years is common.) It can be renewed at the end of the first term for another term, usually the same length. Most courts will award interest, usually at a high rate (8-10% per year) on any judgement, so on 500,000, the judgement could grow by $3500-4500/month

-- In MOST cases, the judgement can be erased by a bankruptcy, but the laws have recently changed, and it's more difficult to get a Chapter 7 (discharge) bankruptcy than it used to be; you often have to make a 5-7 year payout agreement to pay whatever you reasonably can (determined by the court) now.

-- Vacating the judgement by arguing inappropriate venue is possible, but somewhat of a longshot. The judge hearing the case won't take too kindly to the fact that nobody bothered to even respond to the case.

Your best bet is to contact the judgement holder and try and work out a settlement. It's going to suck, as they have little reason to negotiate with you, but perhaps if you offer them as much cash as you can get, and an aggressive payment arrangement for a year or two, they MIGHT go along with it. But I'd highly recommend using an attorney familar with negotiating deals like this to make it happen.

--

mal · 04-15-2006, 01:48 PM

Quote:

Originally Posted by ed146

Sounds you did this not your "imaginary" friend.

you are wrong my friend

04-13-2006, 05:51 PM	#1
mal Confirmed User Join Date: Dec 2003 Posts: 1,899	A question about Civil Lawsuits lets say a company is suing you and you get served with a court summons. you fail to respond back to the summons ands the company wins a default judgment in the case. and they are asking for $500,000 when you only have $20,000 in assets. what would happen? could you file bankruptcy to get out of the rest of the $480,000 that you owe?

04-13-2006, 05:55 PM	#2
Mr Pheer Retired Industry Role: Join Date: Dec 2002 Posts: 21,288	why the hell did you not show up for court and let them win by default __________________ 2 lifeguards for Jessica

04-13-2006, 06:31 PM	#4
BlackCrayon Too lazy to set a custom title Join Date: Jun 2003 Location: Ottawa Posts: 19,631	your friend didn't have to show up himself if he would of hired an attorney. i don't know the answer but i hope its not MS. __________________ you don't know you're wearing a leash if you sit by the peg all day..

04-13-2006, 06:38 PM	#8
Kevin - The PNN Confirmed User Join Date: Jun 2005 Location: ICQ: 306431492 Posts: 1,364	It depends on the State. Some States will not let you clear a judgment by declaring bankruptcy. You need to hire an attorney, quickly. You?re an idiot for letting this get this far. __________________ www.ThePNN.com The Porn Niche Network

04-13-2006, 06:52 PM	#9
dakota1358 Confirmed User Join Date: Oct 2005 Location: Baltimore,Md Posts: 2,114	Get a fucking lawyer now __________________ Carmen Cocks Rocks

04-13-2006, 06:35 PM	#6
sumphatpimp Confirmed User Join Date: Aug 2002 Posts: 5,235	if he don't give a shit we sure don't. before they close the border, mexico. and then get lost.

04-13-2006, 07:12 PM	#10
woj <&(©¿©)&> Industry Role: Join Date: Jul 2002 Location: Chicago Posts: 47,882	If he was too stupid to hire a lawyer I hope he has to pay off every penny from that 500k.... __________________ Custom Software Development, email: woj#at#wojfun#.#com to discuss details or skype: wojl2000 or gchat: wojfun or telegram: wojl2000 Affiliate program tools: Hosted Galleries Manager Banner Manager Video Manager Wordpress Affiliate Plugin Pic/Movie of the Day Fansign Generator Zip Manager

04-13-2006, 07:22 PM	#12
After Shock Media It's coming look busy Join Date: Mar 2001 Location: "Ph'nglui mglw'nafh Cthulhu R'lyeh wgah'nagl fhtagn". Posts: 35,299	He looses the 20k in assets. Company can place liens or garnishments on wages and so forth. Judgement will be entered into record that will remain for many fucking years. After they take what they can and fuck you as they will, they ussually will end up selling off the judgement to collections and there it will remain for 5+ years depending on the state. If they are able to get any money during the collection period the time starts all over. Bankruptcy reform has also changed a great deal, so it is not as easy to erase and forget. __________________ [email protected] ICQ:135982156 AIM: Aftershockmed1a MSN: [email protected]

04-13-2006, 07:27 PM	#13
Mr Pheer Retired Industry Role: Join Date: Dec 2002 Posts: 21,288	if your 'friend' was too fuckin lazy to travel over a half million dollar lawsuit, he is probably too lazy to get any kind of a job or even wipe his own ass. Just tell him to sell what he can on ebay or whatever and get a head start on being homeless. __________________ 2 lifeguards for Jessica

04-13-2006, 07:31 PM	#14
Mr Pheer Retired Industry Role: Join Date: Dec 2002 Posts: 21,288	tell you stupid friend that if he had showed up, he could have most likely got that reduced by maybe 75% or maybe even had it thrown out. Not showing up is so fucking dumb I cant even understand how someone can be that stupid. I hope if I ever sue someone, I hope they just dont show up. __________________ 2 lifeguards for Jessica

04-13-2006, 10:57 PM	#16
minusonebit So Fucking Banned Join Date: Feb 2006 Location: [email protected] Posts: 7,391	Wait a minute. Where does your friend live and where is the company that sued him? Are you sure that jursdiction was proper? Default judgments can be vacated if you argue invalid service and/or jursdiction. You cant argue the merits of the case, missed your chance to do that already.

04-14-2006, 01:09 AM	#17
CuriousToyBoy Crazy Aussie Bastard Industry Role: Join Date: Aug 2005 Location: Wherever I lay my hat, that's my home. Posts: 16,787	Hope he lives in Florida (forget the other 3 states off-hand that still have it). Gotta love the homestead law. 2c __________________ Celebs Adult Who's Who ==> Ambush Interview ==> ICQ 293 070 684 ==> intmarpacrim AT gmail DOT com

04-14-2006, 06:13 AM	#18
SilentKnight Megan Fox's fluffer Industry Role: Join Date: Oct 2005 Location: shooting pool in Elysium Posts: 24,818	I can't find sympathy for someone who can't take the responsibility of hiring a lawyer and having legal representation in a civil suit. That's just plain stupidity any way you look at it. It may already be too late, but if I was your buddy I'd be hiring an attorney PRONTO! and looking in to what legal rights are remaining. Either way, sounds like he's royally fubar'd at this point.

04-14-2006, 06:52 AM	#19
Manowar jellyfish Join Date: Dec 2003 Posts: 71,528	he is screwed

04-14-2006, 02:35 PM	#21
i-Affiliate_com So Fucking Banned Join Date: Apr 2006 Posts: 181	If he does not have the money they can't collect.

04-14-2006, 02:53 PM	#28
BlingDaddy Confirmed User Join Date: Apr 2004 Location: Denver, CO ICQ 280-752-076 Posts: 6,343	I always come to GFY for my "expert" legal advice. __________________ Every Day... Bling Daddy's Masturbation Station! Bling Daddy's Masturbation Station! The Daily Bag of Douche - Humor at it's FINEST.

04-14-2006, 03:00 PM	#30
pornguy Too lazy to set a custom title Industry Role: Join Date: Mar 2003 Location: Homeless Posts: 62,911	Something wrong with that story. __________________ PornGuy skype me pornguy_epic AmateurDough The Hottes Shemales online! TChicks.com \| Angeles Cid \| Mariana Cordoba \| MAILERS WELCOME!

04-14-2006, 09:07 PM	#34
Gaybucks Confirmed User Join Date: May 2004 Location: Sacramento, CA Posts: 451	I think you've got your basic answers, maybe I can recap brieflly (standard disclaimer, IANAL) -- The default judgement is enforceable against any assets, liquid or not, that the person owns. This includes ownership % in businesses, domain names, intellectual property such as photo sets, websites, etc., cars, boats, any sort of cash/securities/stocks/etc. There are limited exclusions for a house that you live in, but they can still get a lien against it so it can't be sold without paying off the leinholder. -- The judgement stays alive for a long time, varying by state (7 years is common.) It can be renewed at the end of the first term for another term, usually the same length. Most courts will award interest, usually at a high rate (8-10% per year) on any judgement, so on 500,000, the judgement could grow by $3500-4500/month -- In MOST cases, the judgement can be erased by a bankruptcy, but the laws have recently changed, and it's more difficult to get a Chapter 7 (discharge) bankruptcy than it used to be; you often have to make a 5-7 year payout agreement to pay whatever you reasonably can (determined by the court) now. -- Vacating the judgement by arguing inappropriate venue is possible, but somewhat of a longshot. The judge hearing the case won't take too kindly to the fact that nobody bothered to even respond to the case. Your best bet is to contact the judgement holder and try and work out a settlement. It's going to suck, as they have little reason to negotiate with you, but perhaps if you offer them as much cash as you can get, and an aggressive payment arrangement for a year or two, they MIGHT go along with it. But I'd highly recommend using an attorney familar with negotiating deals like this to make it happen. -- __________________ Gaybucks.com 100% exclusive American guys - hosted movie galleries - NATS - Boyfunk.com - Boysfeetclub.com - AJsCloset.com- SkylerDeVoss.com ICQ 272-995-402