Personal Bankruptcy Bankruptcy or try to fight garshment

[Tyanne_Ogles]

Okay i once was homeless so i was put under the homeless plus program in which they paid my rent all but 37 dollars so i moved in this mans house that once was a duplex so i had 2 electric bills but it was to late i already had signed the lease so i move out a yr later after the lease was up i was later sued by him i didnt go to court because i had jus got a job thru a temp service and couldnt afford to lose it. But i had no idea i was being sued for 1752 was rent and late charges and damages he won since i didnt show up! So i later found out that a yr later he sued me for 4682 under another name under a different case number once again i didnt go to court well last month i received a suepena for another case by him a new case number wanting 9235. Well i went to court and asked for a trail i later that day called his attorney to see where did he get that amount he said he didnt know and would get back to me i also let him know he had sued me under two other case numbers well two days before the trail someone from his office called and said that they dismissed those charges. But didnt tell me that know they are going after collections on the second case number for 8564 so so i am challanging the garshiment he stated in his pettion that he wanted paid from oct 2002 until present well housing dont keep records after 3 yrs so they was no help but could not have remained on housing if i owed him that money or damaged his property and he never reported to the housing authority so i called kge to see when did i move out his house well i moved feb 2002 so how do i owe you 4682 in oct 2002 that is know over 9000 and it falls off my credit in dec 2010. My question is can i turn around and sue him every lawyer i have spoke to said it would be cheaper for me just to file bankrupcy. BUT HE IS SAYING THAT I LIVED IN HIS HOUSE WHEN I DIDNT AND DONT WANT AND CAN NOT AFFORD WAGE GARNISHMENT I AM GOING TO COURT ALONE THURSDAY BECAUSE I CANT AFFORD A ATTORNEY BUT I HAVE THE WESTAR ENERGY BILL THAT STATES I MOVED OUT FEB2002 NOT OCT 2002 WHAT DO YALL THINK

 

[Proserpina]

I think you're pretty screwed.

Once the judgment is obtained, it's a little too late to use any sort of defense - the time to use a defense of "Well, I wasn't living there at the time" was actually before the judgment was entered. In other words - the day you were due in court.

I have no idea what you think you can sue HIM for.

However, bankruptcy may be an option for you.

Remember, that even if you can avoid garnishment at the moment, those judgments remain active for a long time...and can often be renewed. Frankly, you need to speak with an attorney.

 

[bluemann33]

I think you're pretty screwed.

Once the judgment is obtained, it's a little too late to use any sort of defense - the time to use a defense of "Well, I wasn't living there at the time" was actually before the judgment was entered. In other words - the day you were due in court.

I have no idea what you think you can sue HIM for.

However, bankruptcy may be an option for you.

Remember, that even if you can avoid garnishment at the moment, those judgments remain active for a long time...and can often be renewed. Frankly, you need to speak with an attorney.

Are you saying a judgment can expire? Not trying to put words in your mouth but I was just wondering. And if a judgment does expire does it still stay on a persons credit report until satisfied?

 

[Tyanne_Ogles]

so even thought he had already sued me and won that judgement he can do it again under a different case number and a larger amount? and is it to late to have a judgement overturned? so when i go to court tomorrow im screwed and will have to pay this man this money. he also put in his pettition that i was a month to month lease but i was on a yearly lease and i wasnt there the time he stated i live there and is being sued for. my rent was 37 dollars there is no way i owed 4600 dollars for rent and late charges. he should have sued or reported to the housing authority! so it sounds like im screwed and i checked my credit report and the civil suite falls off next month so then the garnishment will to on there for ten yrs! that sucks

 

[Proserpina]

Are you saying a judgment can expire? Not trying to put words in your mouth but I was just wondering. And if a judgment does expire does it still stay on a persons credit report until satisfied?

A judgement is generally only collectable for a certain period of time (for example, ten years). Once the period of time expires, unless the creditor renews the judgment, it will become uncollectable. Some states do not allow the judgment to be renewed.

There's some information here though I haven't had time to verify it independently so as with anything, caveat emptor

ETA: This site is a little clearer and has a bit more info: try this too