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  1. #1
    landlordnla is offline Junior Member
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    judgement collection

    I currently live in CA but was sued in Nevada and didn't defend myself and therefore lost. There is now a $80K+ judgement against me. Can this person collect or attach my bank account? Can I appeal? This happened October 2008. What happens now?
  2. #2
    Antigone* is offline Senior Member
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    Quote Originally Posted by landlordnla View Post
    I currently live in CA but was sued in Nevada and didn't defend myself and therefore lost. There is now a $80K+ judgement against me. Can this person collect or attach my bank account? Can I appeal? This happened October 2008. What happens now?
    Why didn't you defend yourself?

    Yes this person can seize your assets
  3. #3
    landlordnla is offline Junior Member
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    No money. I had a lawyer at first but didn't think he was doing a good job and didn't spend the energy to find a new one. I wanted to know what my options were in terms of a settlement or how strong my case was against the other person and I never got a good answer from him so I just let it go.

    Is it too late to appeal? Basically there was never an agreement in the first place in my opinion but since I didn't do anything they won. Now I'm afraid to keep money in my bank account in case they get a hold of it. What should I do now?
  4. #4
    Antigone* is offline Senior Member
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    Quote Originally Posted by landlordnla View Post
    No money. I had a lawyer at first but didn't think he was doing a good job and didn't spend the energy to find a new one. I wanted to know what my options were in terms of a settlement or how strong my case was against the other person and I never got a good answer from him so I just let it go.

    Is it too late to appeal? Basically there was never an agreement in the first place in my opinion but since I didn't do anything they won. Now I'm afraid to keep money in my bank account in case they get a hold of it. What should I do now?
    Sit N Sleep has a great deal on mattresses.
  5. #5
    landlordnla is offline Junior Member
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    Thanks. That's very helpful.
  6. #6
    Rexlan is offline Senior Member
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    No you can not appeal. They will probably domesticate the judgment in CA and then bring you into court and take your assets. What you think about it does not matter at this point.

    Think it through ... if you held the judgment don't you think it should be enforceable? Sure you do, so try to make a deal and get it worked out. It is now a legitimate debt and the creditor has a right to collect it.

    FYI: That judgment is also accruing interest at 7-8% and when it is time to enforce it there will be additional attorney fees. This can easily be $150,000 in short order. This can also linger on for 20 years ... it won't simply go away, especially with that amount involved.
  7. #7
    publius is offline Member
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    Quote Originally Posted by landlordnla View Post
    Is it too late to appeal? Basically there was never an agreement in the first place in my opinion but since I didn't do anything they won. Now I'm afraid to keep money in my bank account in case they get a hold of it. What should I do now?
    How long did you have the lawyer? What did he do for you? Did he ever file anything in the case? Was he hired after you were served with the lawsuit?

    Rexlan mentions the other party "domesticating" the judgment. What that means is this: As long as the NV judgment is valid, they can register it with a California court and the state of California will let them enforce it against you just like it was a California judgment. That will let them try to levy on your property in California, garnish your wages, etc.

    The time to appeal is normally 30 days from notice of judgment in a NV state court. So it's probably much too late. Courts will only allow late appeals in extraordinary cases with a very good reason. "I just let it go" probably won't cut it.
  8. #8
    Zigner is offline Senior Member
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    Quote Originally Posted by landlordnla View Post
    Thanks. That's very helpful.
    You couldn't be bothered to spend the energy to defend yourself...
  9. #9
    landlordnla is offline Junior Member
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    Quote Originally Posted by publius View Post
    How long did you have the lawyer? What did he do for you? Did he ever file anything in the case? Was he hired after you were served with the lawsuit?

    Rexlan mentions the other party "domesticating" the judgment. What that means is this: As long as the NV judgment is valid, they can register it with a California court and the state of California will let them enforce it against you just like it was a California judgment. That will let them try to levy on your property in California, garnish your wages, etc.

    The time to appeal is normally 30 days from notice of judgment in a NV state court. So it's probably much too late. Courts will only allow late appeals in extraordinary cases with a very good reason. "I just let it go" probably won't cut it.
    Is poor representation a good reason? I just was told what I needed to get and what I was being charged legal fees but had no time frame, estimate on what the total charges would be, etc. I didn't know if it was going to cost $2000 or $20,000 to defend myself and I guess I just didn't feel like I knew what direction we were headed or had an overview of what was going on.

    Also, how long do judgements last? I can put everything in another person's name for the next 10 years if needed as opposed to spending the money to fight it. Also, do people negotiate after the fact to make it easier to collect? I would be open to any of these things but was never informed of what my options were.
  10. #10
    landlordnla is offline Junior Member
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    Quote Originally Posted by Zigner View Post
    You couldn't be bothered to spend the energy to defend yourself...
    There were other things that I was dealing with at the time that were more important.
  11. #11
    landlordnla is offline Junior Member
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    Quote Originally Posted by publius View Post
    How long did you have the lawyer? What did he do for you? Did he ever file anything in the case? Was he hired after you were served with the lawsuit?

    Rexlan mentions the other party "domesticating" the judgment. What that means is this: As long as the NV judgment is valid, they can register it with a California court and the state of California will let them enforce it against you just like it was a California judgment. That will let them try to levy on your property in California, garnish your wages, etc.

    The time to appeal is normally 30 days from notice of judgment in a NV state court. So it's probably much too late. Courts will only allow late appeals in extraordinary cases with a very good reason. "I just let it go" probably won't cut it.
    My lawyer was hired after I was served but dropped midway through the process. I didn't have a lot of money at the time. Can I counter sue? I guess I just want to protect myself from the judgement right now and don't know what the first step is. Just because I didn't follow through with defending myself, it doesn't seem fair that they are entitled to $80K+.
  12. #12
    Rexlan is offline Senior Member
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    Sorry ... it is a done deal and your time to appeal is long past. What you think, should have done, wanted to do, could not afford ... does not matter at this point. If it was a default judgment then you can motion the court to set it aside for cause. You will need an attorney for that and your chances are very, very slim.

    Take the advice and try to make an arrangement with them to pay it off, discount it or whatever. The price in increasing daily. Courts do not just automatically give out $80,000 judgments. The Plaintiff would have had to prove the amount which you now owe, plus interest, plus attorney fees and all of the collection fees that will ultimately be levied.

    Every day counts. You can go see an attorney there and ask. Will only cost $100 or less.

    Good luck.
  13. #13
    The_Saint is offline Member
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    I'm not the OP, but he asked a question which i'm curious about. Just how long do these Judgements last? I'm assuming a lifetime? I know that when i have got a Judgement against a tenant for non-payment of rent that it lasts 5 years (in AZ).
  14. #14
    my3tots is offline Junior Member
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    In today's economy, you can try to negotiate a settlement for pennies on each dollar you owe. If you don't make an attempt to settle, you'll have a little surprise waiting on you when you sell a parcel of real estate not to mention various other ways they go about collecting debt Why did you hire an attny then drop the case? Was he billing you often? If you paid a retainer and time for his work, then he ought to be held responsible (if you complied with his requests to produce letters, etc.).
  15. #15
    nrknlknek is offline Member
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    Most of the advice given so far is fairly accurate...let me sum it up. You have 2 options:

    1. Pay the debt voluntarily if you can---sooner the better as time is not on your side
    2. Have your assets taken to satisfy the debt. Either way you will end up paying the 80K plus accrued interest and costs. Post judgment collection includes liens on real property, siezures of personal property, wage garnishments, bank/brokerage account attachments, life insurance, liens on any lawsuit or insurance recoveries, and at least annual debtors examinations. The judgment will appear on your credit and may impact your ability to obtain employment, insurance, leases for cars or apartments etc.

    You have some exemptions to the above, but you must claim them and they are subject or the judgment creditors potentiual objections.

    Do not try to transfer or convey assets or try to hide them. It won't work and moreover exposes you to claims of fraudulent transfer.

    The "matress" idea expressed by one respondent is risky. If the JC determines you've been secreting cash, you could have additional civil and criminal exposure.

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