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How Do I Protect My Vehicle in a Small Claims Judgement

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  • 07-04-2009, 05:38 PM
    stewy
    How Do I Protect My Vehicle in a Small Claims Judgement
    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!
  • 07-07-2009, 08:16 AM
    Mr. Knowitall
    Re: How Do I Protect My Vehicle in a Small Claims Judgement
    If you're in Florida, he will need to register the judgment for enforcement in Florida before he can take any action against your assets physically located in that state (e.g., a car repo) or garnishment of payments or assets held in that state (be aware that it may be possible to garnish your "Florida" bank account if the bank, for example, is based in California.)

    If you truly live in Florida, you can attempt to defend against any registration by pointing that out to the court hearing the attempt to register the judgment. Do not ignore any notices of an attempt to register the judgment. If you default in those proceedings, the judgment will be formally enforceable in Florida.
  • 07-08-2009, 08:51 AM
    stewy
    Re: How Do I Protect My Vehicle in a Small Claims Judgement
    More Questions...

    When you say notices, what is it called and is it served to me in person or by mail? What happens if I move away now, can I still be served, certified mail, or served to my ex-landlord, or just posts it on my house? Will it become default judgement if I don't get the service, and will he still have to appear in a court? If I can be served, would he then still need to appear in a florida court himself?
  • 07-15-2009, 01:20 PM
    stewy
    Re: How Do I Protect My Vehicle in a Small Claims Judgement
    Quote:

    Quoting Mr. Knowitall
    View Post
    If you're in Florida, he will need to register the judgment for enforcement in Florida before he can take any action against your assets physically located in that state (e.g., a car repo) or garnishment of payments or assets held in that state (be aware that it may be possible to garnish your "Florida" bank account if the bank, for example, is based in California.)

    If you truly live in Florida, you can attempt to defend against any registration by pointing that out to the court hearing the attempt to register the judgment. Do not ignore any notices of an attempt to register the judgment. If you default in those proceedings, the judgment will be formally enforceable in Florida.

    When you say notices, what is it called and is it served to me in person or by mail? What happens if I move away now, can I still be served, certified mail, or served to my ex-landlord, or just posts it on my house? Will it become default judgement if I don't get the service, and will he still have to appear in a court? If I can be served, would he then still need to appear in a florida court himself?
  • 07-25-2009, 03:37 PM
    stewy
    Re: How Do I Protect My Vehicle in a Small Claims Judgement
    can you please answer my question it would help me a lot.
  • 07-26-2009, 04:35 AM
    SChinFChin
    Re: How Do I Protect My Vehicle in a Small Claims Judgement
    NO, you don't move or run away, you just wait for any notice to come about hearings in FL to enforce the judgment, as Mr. Knowitall said.

    In the meantime, don't be filling out any forms to mail back to that person, till you hear from a court in FL. My hunch is that person knows the in's and out's of the law, knows he can get get way with a sneak default judgment in CA, but knows he can't get away with enforcing it in FL if he's confronted, and may just harass you in the meantime by mail.

    Stay put, and just ignore him till something official comes in the mail. He can then go to court in FL to show you've been all along a resident of FL, especially at the time the default judgment was obtained.
  • 07-27-2009, 04:42 PM
    stewy
    Re: How Do I Protect My Vehicle in a Small Claims Judgement
    Quote:

    Quoting SChinFChin
    View Post
    NO, you don't move or run away, you just wait for any notice to come about hearings in FL to enforce the judgment, as Mr. Knowitall said.

    In the meantime, don't be filling out any forms to mail back to that person, till you hear from a court in FL. My hunch is that person knows the in's and out's of the law, knows he can get get way with a sneak default judgment in CA, but knows he can't get away with enforcing it in FL if he's confronted, and may just harass you in the meantime by mail.

    Stay put, and just ignore him till something official comes in the mail. He can then go to court in FL to show you've been all along a resident of FL, especially at the time the default judgment was obtained.

    Thank you! And will he have to appear in FL court personally?
  • 07-28-2009, 10:57 AM
    SChinFChin
    Re: How Do I Protect My Vehicle in a Small Claims Judgement
    Quote:

    Quoting stewy
    View Post
    Thank you! And will he have to appear in FL court personally?

    Yes, you would, or your attorney, though you seemed to indicate you can't afford one.
  • 07-28-2009, 09:19 PM
    stewy
    Re: How Do I Protect My Vehicle in a Small Claims Judgement
    Quote:

    Quoting SChinFChin
    View Post
    Yes, you would, or your attorney, though you seemed to indicate you can't afford one.

    No not me, I know I would have to show up, I meant will the guy from CA have to be here personally in a FL court to transfer the judgement? That's my question. Thanks.
  • 07-29-2009, 05:40 AM
    SChinFChin
    Re: How Do I Protect My Vehicle in a Small Claims Judgement
    Quote:

    Quoting stewy
    View Post
    No not me, I know I would have to show up, I meant will the guy from CA have to be here personally in a FL court to transfer the judgement? That's my question. Thanks.


    If he is a resident of CA, then FL would have no jurisdiction to compel his appearance. Your mission in this, is if this case ever hits the courts in FL, is just to bring in evidence showing that you've been a FL all along, including the point in time that he claimed to have "served" you in CA.

    As a point of interest, this week, the AG here in NY State, and the administrative judge of the state's court system is investigating, and would have 100,000 default judgements invalidated here in NY State going back the last several years. Here, it's called "sewer service" where the process server claimed to served the debtor, but simply threw the summons in the sewer, and signed affadavitts certifying they've been served, hence the term "sewer service".

    Just as medicare and medicaid fraudsters get caught, because they get too greedy, the investigation shows that it is impossible for a process server to have served hundreds of debtors a day, without throwing all the paperwork in the sewer.

    It is quite possible that "sewer service" may have happened to you, it was never served, bit it's a whole lot harder to prove compared to proving you were living in FL all this time.
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