I have one of about 6 delinquent cards that I have to go to court for on 11/25. If they get a judgment on me will I be able to file against them later? I am judgment proof at the moment due to unemployment. When I do get a job they will be able to garnish my wages.
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I believe the answer is a YES!!Filed 7/14/11....341 date is 8/23/11 -
Originally posted by Kansas View Post
Yes, you can file bk after you get sued. And even after a judgment is entered. In fact, that is probably the more common factual scenario. The suit, the judgment and ultimately the repossession or the wage garnishment is what frequently pushes otherwise reluctant filers into a bankruptcy.
The caveat, however, is that once your creditors have a judgment against you, you have to take the extra step of getting the judgment lien avoided. It's no big deal, but until you do it, the judgment lien survives the bankruptcy.Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.Comment
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Your best bet is to file before the 25th if at all possible. This will Toll the suits. You are not Judgment proof. No one is. You may be collection proof but unless that Judgment is removed or avoided, they can come after you when you do get some money or property. Here in FL it can haunt you for 21 years. I know the power of a Judgment. You just do not want one if avoidable. It will also cost you more to get it vacated so put that extra expense up front and file before the hearing. It will also stop the hearing as well. 'HubOriginally posted by Kansas View PostIf I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.Comment
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thanks all for the advise. I will try to file before the 25th. Scraping up the money to pay an Atty is going to be hard. I wanted to wait a little longer to see if I could sell my house 1st but this 1st suit is going to force the issue.Comment
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