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  1. #1
    Join Date
    Mar 2008
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    16

    Default Civil Suit from Ex Over Payment for Furnishings

    My question involves personal property located in the State of: Virginia

    My ex and I purchased furnishings (sofa, tv, dresser, bedframe, small table, a pair of stools and other household items like towels and pillow shams) for our leased apt. He moved out and I moved with the stuff to another apt. A month later he contacted me re personal items and I sent them to him. After another month he contacted me re everything he could think of (the kitchen sink isn't ours, thank god ) under threat of a lawsuit. He did file and the service was posted on the apt door however, he had it posted at our old apt when he knew I didn't live there anymore (I have proof that he knew it too, our lease had expired before he filed and he USPS sent an empty envelope reading "return address requested and do not forward" but the mailman delivered it to me at my new apt anyway. He also called my mother to ask for it!) The only reason I knew he filed was because he emailed me & sent a copy certified mail to my job. The sheriff's office and the court clerk say that this would not be considered good service b/c he knew the address was bad. He's suing me for $15K and not the actual items. He does have some receipts that are almost a year old. I can't prove that I gave him $ when he used his credit card to pay. Minus paying a lawyer to sort it out, what else can I do?

    Also, if he wins the monetary settlement then how is that enforceable? I have no savings, no assets & live paycheck to paycheck. How does he get paid out? Can my wages be garnished? Should I consider bankruptcy to avoid paying? I have some cc debt, student loans (that don't get wiped out when you chapter, I know), a car loan and if I lose this $15K...crying broke doesn't sound too bad at this point! 7 years, right?

    Thanks a lot!!

  2. #2
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    Default Re: Civil Suit from Ex Over Payment for Furnishings

    So you can ignore the service and later try to defend against the default judgment (and that can be a dangerous approach - consult a lawyer if you choose it), dispute the service and try to make him serve you again (causing delay, but resulting in your being served), or you appear in court and defend yourself despite the improper service. Which approach are you choosing?

    If he wins, he can try to collect whatever judgment he receives against your non-exempt assets or wages, whatever they happen to be, now or in the future. If you are considering bankruptcy, consult a bankruptcy lawyer for a review of your situation - your initial consultation should be free.

  3. #3
    Join Date
    Mar 2008
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    16

    Default Re: Civil Suit from Ex Over Payment for Furnishings

    Well, we did end up in court and unfortunately the judge decided in his favor. This decision was based on my ex having a credit card statement for the items and the judge apparently was not swayed by my argument that I helped pay for the items and that my ex moved out of the apartment without paying his share of rent or utilities. The judge recommended that we work out giving my ex the items and he'd dismiss the case altogether.

    I have no intentions of giving my ex these items because I do feel I have a rightful claim to them. So that means that I will be on the hook for the $14K judgment. I don't have this amount of money however, I do make $55K. Can my ex come after me through wage garnishment? And what exactly is that process in VA (Arlington County)? How much would they garnish monthly? I live paycheck to paycheck and can't afford to lose any income to this debt.

    I'm considering filing bankruptcy to get out from under the amount but would that work? 7? 13? Would I lose the furnishings in a bankruptcy (50" tv, bed, couch, dresser)? I make $55K, owe $20K on my car, owe $5K in credit cards and probably another $2K in past utilities (from my ex not paying these bills when he claimed he did, bills in my name). I haven't been able to make my credit card payments for the last few months and I just missed my first car payment.

    Any advice would be greatly appreciated...I know I need to act quickly but I have no idea what I should do! Thanks!

  4. #4
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    Mar 2008
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    16

    Default Re: Civil Suit from Ex Over Payment for Furnishings

    I also wonder if I have any rights to appeal the decision? I didn't have any of the e-mails we'd exchanged, the lease or the utilities to take to court with me. I didn't have them with me on our court date because I was told I could get a continuance --- 1) to get all of my materials together 2) to retain an attorney (I needed extended time to have the money together for a retainer fee)

  5. #5
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    Sep 2005
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    Default Re: Civil Suit from Ex Over Payment for Furnishings

    You started another thread about trying to avoid paying the judgment. We can address that stuff in your new thread.

    You can appeal; the procedure depends on the type of court (small claims, etc.). But if you wish to appeal based upon your lack of preparedness, your choice not to retain a lawyer in advance of the trial date, your failure to bring evidence with you to court or present it in court, etc., you should not expect to win.

  6. #6

    Default Re: Civil Suit from Ex Over Payment for Furnishings

    I have no intentions of giving my ex these items because I do feel I have a rightful claim to them.
    Here is the root of the problem. You want the items, and you want to claim them, but can't show the court that you paid for the items back then, and don't want to pay for them now. No court is going to be on your side here.

    Typically for garnishment, Virginia uses federal income garnishment laws which say that the maximum percentage of disposable income that can be garnished for such debt is 25%, with 30x minimum wage ($154.50 weekly based) being exempt from garnishment.

    I'm considering filing bankruptcy to get out from under the amount but would that work?
    It might satisfy part of the judgement he's got against you, but he's in an EXCELLENT position to have the bankruptcy court order the items he already has inventoried in existing court documents be turned over (he can file adversary proceeding).

    At this point, you have a standing court order against you. You seriously need to be getting very specific legal advice from an attorney licensed to practice in your state. But I suspect you'll need to be prepared to either cough up the dough, or cough up the stuff.

  7. #7
    Join Date
    Mar 2008
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    16

    Default Re: Civil Suit from Ex Over Payment for Furnishings

    Well I had spoken with the Clerks Office and they told me to bring my documentation to court for a continuation. I had papertrail regarding the payments I had arranged with my attorney for the retainer, a letter from the Sheriff's office that they served notice under the false impression from my ex that it was my current address (ie I wasn't given fair legal notice or the time associated with proper service in VA), our expired lease that showed my ex knew I didn't live there (he had me served after the lease expired and he was on the lease so he can't say he didn't know that fact). I also brought my paystub and bills to show that I don't have the disposable income to retain an attorney on any other timeline than the one my attorney and I agreed to.

    I realize now it was stupid to not bring my other documents --- I have e-mails from my ex that show he originally recognized what items we agreed to split in our break-up - not me compensating him in any way as we both know I contributed to their purchase. After I refused to have any contact with him outside of picking up his share of the furniture, he started to threaten to sue me. In one e-mail he points out that he might not get all of the stuff but he was doing this to get me to talk to him and that he still loved me...blah, blah. So basically I have all of the docs that at least show my ex knows I have rights to the furniture too and that he was doing this out of pettiness from getting dumped and going back on our agreement.

    I'm happy to give him the things we agreed to split but I'm not interested in paying him to keep the stuff we agreed was mine. I told the judge that I was willing to give him his stuff aka his fair share - I think this would be a good faith effort on my part. I've considered having a delivery truck take the furniture that is his share and drop it off to him (I don't want him to know where I live). More than half of the judgment is the fact that the couch cost $7,000...and the TV was $3,000....the lamp was $600....the rug was $500...the coffee table was $500. And the court would then hold me accountable for the remainder.

    Questions: Would we have to go back before a judge about the remainder? What are the options for my ex trying to collect? Is wage garnishment the only way he can go after me and what is the process to have wages garnished? Is the 25% of my gross and is it every pay period? Just so I know what I'm dealing with.

    The attorney that I was hiring for this case doesn't do bankruptcy - what's the best way to find a good lawyer for it? How much should I expect it to cost? I'd like to know if filing is even a good option given my muddled circumstances. My other debt isn't so big that I can't pay it off so if bankruptcy is the problem-solving equivalent of killing a mouse with a machine gun then obviously I won't pursue it.

    And again, thanks for any thoughts or advice you can give me.

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