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  1. #11
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Can I Spend My Currency As I Wish

    Quote Quoting josha
    View Post
    Thank you very much to each one of you.
    I was wrong by saying "The judgment did not say anything" the correct phrase should be: The judgment did not say anything on spending my money and the judgment ordered me to pay some specific amount (I am not disclosing the amount here) to the plaintiff/creditor.
    Also let me correct my following earlier sentences: "I wish to know what if a person hides the currency and claims that he/she spent it on consumables? What legal tools the creditor has to face this?" The corrected sentences are: If I hide the cash under carpet and, during the judgment debtor exam or other proceeding, I say under oath that I have no cash with me and that I spent it on consumable items (and say that I have no receipts and no record on how I spent it) then whether the court or creditor can come to my home to search if I hide the money? How they prove (if at all they want to prove) that I lied? Kindly note that I have no intentions of doing this but want to educate myself.
    You cannot prove that they lied, and the courts are not going to let you search the defendant's house. I don't think that a court can even make that kind of order. It might be possible in some areas for a sheriff to do a simple search of a defendant's home for significant assets, but not the creditor themselves.

  2. #12
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: Can I Spend My Currency As I Wish

    Quote Quoting josha
    View Post
    If I hide the cash under carpet and, during the judgment debtor exam or other proceeding, I say under oath that I have no cash with me and that I spent it on consumable items (and say that I have no receipts and no record on how I spent it) then whether the court or creditor can come to my home to search if I hide the money?
    Obviously, part of that answer would be a lie under oath. That's a crime called perjury. That said, "the court" is not going to come or send anyone to your house to test your veracity.


    Quote Quoting josha
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    How they prove (if at all they want to prove) that I lied?
    It is entirely likely that this particular lie could not be proved.

  3. #13
    Join Date
    Apr 2020
    Posts
    8

    Default Re: Can I Spend My Currency As I Wish

    Thank you very much to both of you!

    The judgment did not put any restrictions on me on spending my money. Later, if the creditor convince the court that I am spending my money like anything, can the court enter another order restricting (or imposing any conditions on) me on spending my money in the future (or order me to document my future spending)?

  4. #14
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    434

    Default Re: Can I Spend My Currency As I Wish

    Quote Quoting josha
    View Post
    Thank you very much to both of you!

    The judgment did not put any restrictions on me on spending my money. Later, if the creditor convince the court that I am spending my money like anything, can the court enter another order restricting (or imposing any conditions on) me on spending my money in the future (or order me to document my future spending)?
    At any time during proceedings, were you required to declare your assests?

  5. #15
    Join Date
    Apr 2020
    Posts
    8

    Default Re: Can I Spend My Currency As I Wish

    Thank you Sir. No, at any time during proceedings, I was not required to declare my assets. Furthermore, neither the court nor the plaintiff asked me about my financial details any time until now.

  6. #16
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    434

    Default Re: Can I Spend My Currency As I Wish

    Quote Quoting josha
    View Post
    Thank you Sir. No, at any time during proceedings, I was not required to declare my assets. Furthermore, neither the court nor the plaintiff asked me about my financial details any time until now.
    Small claims Court? If not, what court, state or city? What monetary damages were requested?

  7. #17
    Join Date
    Apr 2020
    Posts
    8

    Default Re: Can I Spend My Currency As I Wish

    No sir, it is circuit court. Monetary damages in excess of $100,000 were requested and were awarded to plaintiff. I could not afford an attorney and lost the case.

  8. #18
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    434

    Default Re: Can I Spend My Currency As I Wish

    Quote Quoting josha
    View Post
    No sir, it is circuit court. Monetary damages in excess of $100,000 were requested and were awarded to plaintiff. I could not afford an attorney and lost the case.
    Since it is such a large judgment it would be wise to have an Attorney advise you if you are that concerned.

  9. #19
    Join Date
    Apr 2020
    Posts
    8

    Default Re: Can I Spend My Currency As I Wish

    Thank you sir. I still cannot afford an attorney and probably for ever (the plaintiff knew my financial weakness and filed lawsuit on me), and I have no assets except some salary from which I have few thousand dollars in bank (and I wish to spend them as requested earlier, and this forum people are so nice and provided me guidance). In short, I will never (and cannot) satisfy that judgment in my life.

  10. #20
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can I Spend My Currency As I Wish

    Many attorneys will give free or low cost consultations. Also if there are any law schools in your area you can often get legal advice through their legal clinic (third year students working under supervision). Just because there is no law preventing you from spending your money as you wish does not mean that the plaintiff will not come after you. It would be far, far better to have the advice of a local attorney to whom you can tell all the facts, than to accept the judgement of nameless people on the internet who only know a portion of the story.

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