Grail Knight
Who Dares Wins
Premium
join:2003-05-31
Erie, PA | reply to PolarBear
Re: Bad Article, Poor Advice
Pay the fine at $5 bucks a month in pennies.
Restitution can be very slow. |
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PolarBear
The bear formerly known as aaron8301
join:2005-01-03
Riverside, WA | YES! |
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hayabusa3303
Over 200 mph
Premium
join:2005-06-29
clubs: | Better yet give them just a dollar a month.  |
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lesopp
join:2001-06-27
Land O Lakes, FL | A dollar a month sounds good, but wipe with it first, or let it soak in the litter box over night, just to pass along your new found respect for them... |
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tc1uscg
join:2005-03-09
Saint Clair Shores, MI
 ·Comcast
·WOW Internet and C..
| reply to hayabusa3303
said by hayabusa3303  :Better yet give them just a dollar a month. In pennies  |
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Midak
Doctors suck
Premium
join:2002-02-26
Yonkers, NY
·Optimum Online
 ·Verizon FIOS
| Not sure why but too many people think this will get them over. Just because you pay them something, does not mean they will consider it acceptable and it most certainly does not mean your wages, bank and real estate can not be hit. Either both parties agree to a payment plan or the judge, in some cases, will set one. |
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hayabusa3303
Over 200 mph
Premium
join:2005-06-29
clubs: | In some states like this one if they refuse a payment you can take them to court and have the bill dropped. |
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Midak
Doctors suck
Premium
join:2002-02-26
Yonkers, NY
·Optimum Online
·Verizon FIOS
| said by hayabusa3303 :In some states like this one if they refuse a payment you can take them to court and have the bill dropped. Could you clarify this statement? I know for a fact that SC is a consumer/debtor friendly state, difficult to collect on post judgment but getting a judgment was not such an issue. |
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hayabusa3303
Over 200 mph
Premium
join:2005-06-29
clubs: | Say you owe XXX amount to a bill. If they refuse a payment you can take them to court and the judgement will be in your favor(they didnt take the money). For the back that is OWED you dont pay it and its there LOSS. |
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Midak
Doctors suck
Premium
join:2002-02-26
Yonkers, NY
·Optimum Online
·Verizon FIOS
| Ok, now I understand. There is a big difference though between not accepting a payment and not considering a certain amount to be enough to satisfy the terms of repayment. That said, no, you can not just pay $1 a month and consider yourself safe. Yes, they do have to take the $1 and put it toward your balance but they can still do any other post judgment remedies they see fit to collect the full balance up to and including seizure of property (state laws allowing.) SC is one of those states where you would have to bribe a judge to get anything more than voluntary arrangements. |
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hayabusa3303
Over 200 mph
Premium
join:2005-06-29
clubs: | With the way our uneployment is here its not too hard..lol |
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tc1uscg
join:2005-03-09
Saint Clair Shores, MI
·Comcast
·WOW Internet and C..
| reply to Midak
It doesn't get them over. But it does send a statement and if anything, provides a little enjoyment to the payer, not the payee. Now, if most people keep up on the laws in the state which they reside, they may find some states do not allow taking ones property which is not in said person name who is listed in the lawsuit. |
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Midak
Doctors suck
Premium
join:2002-02-26
Yonkers, NY
·Optimum Online
·Verizon FIOS
| If it's not in your name, it's not your property. Also, some states will not allow taking of property if the property is in an additional persons name, not party to the suit. Now, if you think you can do this after you get sued (change title on property) think again. Most states will recognize what's known as fraudulent conveyance, which basically states you changed title on property to avoid paying the judgment. If the judge believes the plaintiff, the property may then be executed upon. As mentioned, check your state laws for specifics.
One example would be CT. Even though there may be a second owner on the property, not party to the suit, a judgment lien could be used to sell 50% of the property, that which is owned by the defendant. This leaves the other party (usually a spouse) now partnered with an unknown third party who just happened to be the highest bidder. Now, if you added your spouse during the suit, fraudulent conveyance could be affirmed by the plaintiff giving them the possibility of selling the home outright.
None of the above can happen without a judgment and that is why you need to fight it. This is why I suggest counter suing no matter what. Make them provide all evidence, including the person they claim downloaded from you, along with the computer that person used. Make them spend the money to go to court against you. Just because the have deep pockets, does not mean they are looking to empty them. |
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tc1uscg
join:2005-03-09
Saint Clair Shores, MI | reply to tc1uscg
agreed. Might as well keep one person righteous in the family and keep property in "their" name.. |
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