Okeechobee, FL asked in Bankruptcy, Consumer Law, Contracts and Foreclosure for Florida

Q: Civil Defendant insolvent.Does it help to communicate that with Plaintiff so they will not pursue judgement?

What are usual odds for this that Plaintiff drops case since it cant collect ever anyway?

3 Lawyer Answers
Phillip William Gunthert
Phillip William Gunthert
Answered
  • Consumer Law Lawyer
  • Orlando, FL
  • Licensed in Florida

A: They will not drop it in all likelihood as they know they can get the judgment if it is legitimate and then hound you and or hold it over you for the next 10-20 years unless you file for bankruptcy. Your best bet is to show up and try to fight them if you have any defenses or if they cannot prove the debt or if the Statute of Limitations has expired, etc. Once they have gotten to this point they are not going to believe or care and will just pursue it to end and get the judgment if they can. While you may not have anything now, you may in 2, 5, 10 years or you may inherit something or your circumstances may change financially somehow, that is what they count on to some degree and then of course harass you for an eternity it seems like.

Terrence H Thorgaard agrees with this answer

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Not likely they will drop it. Best to hire attorney and see about negotiating a settlement permanently.

Charles M.  Baron
Charles M. Baron
Answered
  • Consumer Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: Some plaintiffs will drop their case (or agree to settle very low) upon proof to them of the defendant's lack of assets, such as production of bank account statements, wage records, etc., BUT the danger in making such production is that you will have given all the plaintiff needs to know to garnish your bank account or wages if plaintiff decides NOT to drop the case and then obtains a money judgment against you. On the other hand, if you are sure you will lose your case, you'll eventually need to turn over that data anyway if you don't pay the judgment. At that point, the plaintiff may give up or may keep checking up on you for the next 20 years to see if you are good for it later. If I were you, I wouldn't make a move without scheduling a consultation with an attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.