Ex, may take me to court

What is the name of your state?California

My ex wife let me money, abot $3000, 6 years ago. Due to financial hardship I did not pay her back right away. I've been paying her back since July of 03, $50-$100 a month. I have no dispute that I owe her, and no problem paying her. I just do not have the means to pay a lump sum, as she demands. I make a wooping $10 an hour and have mouths to feed, bills and debts I am paying off. I work full time and go to college full time.

Now, does she have a case or does paying show goodwill? After 6 years, is there a statue of limitations? Shes in Illinois by the way. I imagine she has to file where I am at though. Can a judge grant her a lump sum even if I am not able to pay it? I, of course, am paying, agree to pay, and all. I'm just worried about alump sum. Can;t get blood out of a turnip as they say. Any advice is appreciated.

Thanks

Statutes of Limitations : You have been paying on the Debt. Small claims can be filed on the Last day of activity and/or upon first gaining knowledge a debt may be owed.

Judgments and collections: They may be able to get a Judgment for the balance of the Debt,then they can look into any ways possible to collect that Judgment amount. Seizers on Property(s), bank accounts, garnishment of wages , Property liens, Credit reports,Etc.

Blonde Lebinese said:

Statutes of Limitations : You have been paying on the Debt. Small claims can be filed on the Last day of activity and/or upon first gaining knowledge a debt may be owed.

Judgments and collections: They may be able to get a Judgment for the balance of the Debt,then they can look into any ways possible to collect that Judgment amount. Seizers on Property(s), bank accounts, garnishment of wages , Property liens, Credit reports,Etc.

Click to expand...

I'm really not sure what your part about the statute means. does it mean that since I have been paying there is no statute?

The collections part I understand. I really own nothing except my car, with is worth about $2000. I rent my home. Most of my wages are spoken for. I dont see hwo they can get much more out of me month to month without making me live in a cardboard box. I still dont dispute owing the money, or paying it. I just dont want them to say I have to pay it in one lump sum or I get shot or something. No way I can come up with taht kind of cash.

Any other thoughts?

Thanks for the help!

Here are some examples of statutes of limitations (Code of Civil Procedure CPP 335-349.4):

Personal Injury 2 years from the day you were injured. If you don’t discover the injury right away, 2 years from the day you discover it. A minor has 2 years from their 18th birthday to file a case.
Oral Contract 2 years from the day the contract is broken.
Written Contract 4 years from the day the contract is broken.
Government Entity Before you can sue a government agency, you have to file a written claim with the agency.

For personal injury cases and damage to personal property, you have 6 months to file the claim with the government agency.

For breach of contract cases and damage to real property, you have 1 year to file the claim. If the agency rejects your, you have 6 months to file after you are rejected. If you don’t file in that time you lose your right to sue.

In your example since you have been paying all along . The limitations would Start on the date you last paid, not when you started to pay .

As for your car,they can come after that too, if they win a Judgment for the entire balance at once.Also IF your wages aren't already garnished for a debt,they could be.The Law doesn't care if you live in a cardboard box,They care about the Laws.

Shes in Illinois by the way. I imagine she has to file where I am at though.

Click to expand...

If you were living in Illinois at the time the loan was originally made, she could file in Illinois. If she won in Illinois she would have to get her judgment "domesticated" into CA, where you live now, in order to put a lien on your assets and the like -- but it can be done.

If you were living in CA when she made the loan, then she needs to come to CA to file, period. If she files in IL, you can file a motion to dismiss for lack of jurisdiction.

Also, if the loan was made in IL, you would use IL statutes of limitations, not CA.

Can a judge grant her a lump sum even if I am not able to pay it?

Click to expand...

Yes. And once she has the judgment, she can begin to do things like Blonde Lebinese pointed out. And further, the statute of limitations problem will go away, as judgments generally last for 10 years, and are renewable in most cases. And finally, the courts will order that the judgment will earn interest on the unpaid part.

The court could set up a payment plan, but it is extremely unlikely, as the courts don't want to get involved in an ongoing dispute -- they don't want to have to continually get involved if you miss a payment, or are late on a payment, etc.

My response:

Okay, girls. You both have so much legal knowledge - - let's see if you can figure THIS one out:

You have a claim for Personal Injuries against the City of Los Angeles. You have filed your Tort Claim and served the City within the 180 days (6 months), per the Government Code. The City, however, has failed to accept or reject your claim in writing, or at all, per the Government Code.

What's the Statute of Limitations to file your lawsuit?

IAAL

I'm not a Girl,and I was quoting examples from a site . I did learn of the last date of activity and/or when one gained knowledge a debt was owed,when I was investigating being paid a judgment owed to my mother's Estate.

Now how about helping me out with my post ? Plz even ..

Well, I must admit that I do not know for sure, but don't you have another 6 months to file in court after the expiration of the time for the city to respond?

P.S. I'm not a girl either -- nor even a girly-man, as defined by our governor...

My response:

You learn something new everyday at FreeAdvice!

In my scenario, above, the Statute of Limitations increases to two years! However, if at any time during those two years the City serves you with a Government Code rejection of your claim, you MUST then file your lawsuit within 180 days from the date of that rejection!

Ain't that neato, keeno?

IAAL

Thank you very much for the lesson!

Blonde Lebinese said:

Now how about helping me out with my post ? Plz even ..

Click to expand...

My response:

What post?

IAAL

The Post , I need a Lawyers advice - Judgment collection. In small claims Thread .