Can I be sued?

[Floater21]

What is the name of your state? Florida

I got a phone call today at work from a man who said he was with Bank of America and he was calling to inform me that I was being sued by them for the full amount I owe then, of $7,004.94. That what happens when that happens? Can I go to jail? I have no idea how any of this works. And I have a car loan through my bank for my car, would they be able to take it from me? I told the guy I do not have that type of money, and all he said was sorry? What can I do, whats going to happen to me?

-Tiffany

[seniorjudge]

Originally Posted by Floater21

What is the name of your state? Florida

I got a phone call today at work from a man who said he was with Bank of America and he was calling to inform me that I was being sued by them for the full amount I owe then, of $7,004.94. That what happens when that happens? Can I go to jail? I have no idea how any of this works. And I have a car loan through my bank for my car, would they be able to take it from me? I told the guy I do not have that type of money, and all he said was sorry? What can I do, whats going to happen to me?

-Tiffany

Q: Can I go to jail?

A: Debtors prisons were abolished in this country around 1789 so you're safe on that one.

[JETX]

Originally Posted by Floater21

what happens when that happens?

What 'what' happens??
When you get a phone call threatening a lawsuit?? Nothing.
When you get sued? Lots of things start to happen.

Can I go to jail?

No. An unpaid debt is a civil matter... and normally civil claims do not involve arrest. That is a privilege of CRIMINAL matters.

And I have a car loan through my bank for my car, would they be able to take it from me?

Why would they want to take your loan from you??
If you mean can they take your car if they get a judgment, the answer is yes. They can sieze your car and sell it... then pay off the loan, and give you your exemption and then use any proceeds to pay on the judgment.
BTW, your state (FL) allows you to exempt 'one motor vehicle up to $1,000'.

I told the guy I do not have that type of money, and all he said was sorry?

What did you expect him to say??
After all, you borrowed his employers money and promised to repay it... then broke your promise.

What can I do, whats going to happen to me?

Pretty simple.
You can pay them the money you borrowed or you will likely get a judgment against you.

[Floater21]

If that is my only car and I really don't think its worth $1000 can they still take it?

[JETX]

Originally Posted by Floater21

If that is my only car

Not relevant.

and I really don't think its worth $1000 can they still take it?

What you THINK it is worth, is also, not relevant.

[Ladynred]

FYI debtor's prisons weren't completely abolished until around 1840...

[seniorjudge]

Originally Posted by Ladynred

FYI debtor's prisons weren't completely abolished until around 1840...

I think this is the second time you've told me that...I will try to remember from now on!

And thank you.

[Ladynred]

ROFL.. sorry 'bout that

[JETX]

In 1833 the practice of imprisonment for debts was eliminated at the federal level. Most states followed suit.

Today, it is still possible to be thrown or remain in jail for debt. Debts of fraud, child-support, alimony, or release fines can land you in jail or prevent you from being released from it.
[url]http://www.myvesta.org/history/history_debtorprison.htm[/url]

[Ladynred]

Good history stuff
The whole concept of debtor's prisons has never made much sense to me. How can someone pay a debt when you can't work ??

[JETX]

Originally Posted by Ladynred

The whole concept of debtor's prisons has never made much sense to me. How can someone pay a debt when you can't work ??

The reason for it was it was a deterrent to hopefully 'force' people to pay their debts... so that they wouldn't go to 'debtor prison'.

[flatpanel]

Originally Posted by Floater21

What is the name of your state? Florida

I got a phone call today at work from a man who said he was with Bank of America and he was calling to inform me that I was being sued by them for the full amount I owe then, of $7,004.94. That what happens when that happens? Can I go to jail? I have no idea how any of this works. And I have a car loan through my bank for my car, would they be able to take it from me? I told the guy I do not have that type of money, and all he said was sorry? What can I do, whats going to happen to me?

-Tiffany

The Florida Constitution bans capias ad satisfactiendum, which means nobody can be jailed over a debt, unless fraud is involved.

If they were to get a money judgment on you, and tried to do interrogatories in aid of execution. They could not seek contempt of court against you if you failed to answer their interrogatories, since contempt involves being jailed, which is banned on a money judgment.

So, you can't be put in jail over a debt.

If they sue you and prevail, they get a judgment for some monetary amount.
If you don't seek a rehearing within 10 days of the final judgment or appeal within 30 days of the final judgment, assuming no tolling due to a rehearing motion, then the judgment is final, except to attack for relief from judgment, which is limited on the grounds that may be raised to attack the judgment. There is a one year time limit to attack a judgment, unless the judgment is void, which is not very likely.

The fact that there is a lien on your car helps to protect it from "execution" by a judgment creditor, but it depends on the amount of equity you have in the car, which is the difference between it's market value and the amount owed on it. I have heard a rule of thumb in Florida that there must at least be $2K in equity in a car before a creditor would even consider executing on it. That's $2K over and above the $1k vehicle exemption allowed in F.S. 222, so it would need to be at least $3K in equity. I have heard Dave Ramsey say it's at least $4K in equity before they would be interested in a car. The market value in Florida is supposedly half-way between the wholesale and retail prices.

You need to begin concentrating on preparing defenses to their complaint, that may result in thwarting their recovery of a judgment against you. It's time to go to virtual law school. Actually, in Florida, there is a lawyer referral service in most every county and legal aid services for the poor. So, you should try to find a debtor's rights attorney. Also, you should try to find a law library in your county and start getting up to speed on how to research the law yourself and prepare your court papers so you can defend yourself if the lawyer stuff does not work out for you. The Florida appeals and supreme court cases are in the Southern Reporter and Southern Reporter 2d: So. and So.2d. You will see Florida case citations with So. and So.2d case numbers. The So. cases are old cases prior to 1941. The So.2d cases are the more recent cases.
Florida Jurisprudence 2d is the place to start to really understand all the applicable law on a given topic. Also, there are Berman's "Florida Civil Procedure" and Padavano's "Florida Civil Practice" that provide emmence information on how the FL rules of civil procedure work. Then there are the Florida Statutes Annotated, which is the Florida Statutes annotated with applicable case law decisions which explain the scope of the statutes in detail, and the Florida Digest 2d, which is a compendium of all the case law holdings from the district appeals and supreme court cases.

[flatpanel]

Originally Posted by Floater21

What is the name of your state? Florida

I got a phone call today at work from a man who said he was with Bank of America and he was calling to inform me that I was being sued by them for the full amount I owe then, of $7,004.94. That what happens when that happens? Can I go to jail? I have no idea how any of this works. And I have a car loan through my bank for my car, would they be able to take it from me? I told the guy I do not have that type of money, and all he said was sorry? What can I do, whats going to happen to me?

-Tiffany

Tiffany:

It's time to do an internet search for the on-line docket reporting system for your Florida county's clerk of the court. Each county clerk supposedly has an on-line docket reporting system. You can search the system under your name, and that way you will know when and if they file a complaint against you. Then you'll know the case file number and can go to the clerk's office anonymously and get a copy of the complaint and attachments in advance to service of original process being preformed on you, which will give you extra days to analyze their complaint and to begin preparing defenses. The clerk's office usually charges $1 per page to copy a court paper.

How long has it been since you last made a payment on this alleged account and when did it become delinquent?

[flatpanel]

Tiffany:

If they "recover" a judgment against you, they will seek to do a "continuous wage garnishment" under F.S. 77.0305 against you if you are employed. There are exemptions to wage garnishment in Florida under F.S. 222.11 & 12, but, either you must have limited income or, if not, you must qualify as a head of family, which requires you to be providing more than 50% support to a dependant, usually a minor, living usually in your place of abode. You have to prove your claim of head of family exemption. If you own a home, it is your homestead and fully protected from any judgment lien, other than liens involved in purchasing the homestead or improving the homestead.

[Ladynred]

So, you can't be put in jail over a debt.

Maybe not in FL.. but it IS legal elsewhere