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Monetary Judgement in Civil Court


ToplessJeepChick
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I live in Wisconsin and have a judgement against me for approximately $12,000 for unjust enrichment.  I have a couple of questions regarding this.  I looked under the laws in Wiscoinsin and at this point I cannot even have my wages garneshed because I am on food stamps.

 

Does anybody know the statute of limitations on this?  I have been looking online and am not sure what this falls under.  I have seen 6 years, 8 years, 10 years.  Does anybody know?

 

My second question is, if my ex sues me at this point and wins but cannot collect because I am exempt can he sue me again later for the same thing and long as it falls under the statute?  Anybody know how that works?  Or if I become non exempt will it automatically garnish my wages or does he need to keep track of that and reapply for it, or do I remain exempt because at the time he won I was?

 

Just trying to figure out how this all works.  Any info would be helpful!!

 

TIA

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This is the statute of limitations on judgments.  

 

http://www.creditinfocenter.com/rebuild/statuteLimitationsJudgments.shtml

 

Being judgment proof isn't some kind of seal that gets put on your file.  Judgment proof doesn't mean that someone can't sue you and obtain a judgment.  What it means is that laws prevent the winner of the judgment from collecting on the debt.  For instance, you fall below the min income for garnishment or the only income you have is Social Security, which is exempt.  

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So I am assuming it is not promissary so It would be 6 years?  I understand he can sue me and win a judgement, what I was asking is that if he sues me now for it and gets a judgement in his favor and I am uncollectable at this point, what happens if I become collectable?   is there someone who keeps track of that or does he have to and then try to have my wages garnished?  How would he know?  Is there some collection service that will keep track of it?  I hope I am making sense!!!

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It doesn't matter if the you can't be garnished now vs. a time in the future.  If you fall beneath the standards for garnishment when the judgment is won, but then let's say you win the lottery, you are then able to pay the judgment, and most likely will be made to pay.  That is, if the person finds out about your new influx of cash.  

 

It's hard to say what kind of statute of limitations this is when we know nothing about the debt your ex would sue you for. 

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A judgment will normally follow you for ten years, after that first ten years they party that holds the judgment can file for a renewal for ten more years.

 

You may not be able to pay it now, or be what is known as judgment proof. Judgment proof is an over stated term. What if you decide to go to college in the future or you get a great paying job?

 

You can also be brought into court every 6 months and answer as to wages and assets.

 

A judgment can also be attached to any real property you now own or may own in the future.

 

I am not a vindictive person by nature, but for 12000 I would ask the court for a lien on the house you own now or may own in the future. I can also tell you this, if you get on your feet and decide to buy a house and that judgment is on your credit report(and it will be) the underwriters for the mortgage company will, if they decide to give you a mortgage, pay off that 12000 plus any interest and add that amount to your mortgage. This would be if you got lucky enough to obtain a mortgage with a judgment on your credit report. 

 

Most mortgage or loan institutions see a judgment on your credit report and say NO you do not qualify for a loan. Being judgment proof is not always a ride in the park.

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Good info to know thanks!!  I was going to ask this also because I realize that stays on my credit.  I actually wondered if it would be best to declare bankrupcy and get it over with.  I wondered what is worse on your credit, the judgement or bankrupcy?  I don't own a house, probably never will, I am 46 and can't even find a full time job to save my life.  So I am not too worried about that or my credit.  I have and 800+ credit score also.  I have had stellar credit my entire life.  So anybodys opinions on bankrupcy vs. leaving that on my credit?  I have no problem declaring bankrupcy to get rid of the debt.  To me just to be done with it would be worth it. 

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If you have never had a mortgage how are you in the 800's. Thats hard to do with no mortgage payments showing on time. If I were in your situation and never plan on owning a home or a car worth more than the judgment, I would just let the judgment sit.

 

If you owe more than just that judgment and fear you may be sued for more debts I would see an attorney and talk to him about bk. If you were in the 800's that judgment will put you down in the 700's which is still not bad.

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I did have a mortgage, but signed the house over to my ex boyfriend (the house was in both our names), he is the one I owe the money to.  He left me and moved in with his girlfriend but I didn't have a job to help pay the mortgage (I was doing the stay at home mom thing, raising his son and my son) so he continued to pay while I lived there until I could get out.  Then he sued me to pay for the time I lived there and won.  There was no value left in it and I don't have any money to pay if it sells for less than what we owe on it, so I just got out.  I am sure he will try to collect it even tho he knows I don't have any money to pay it, so I just wonder if it would be best to just declare bankrupcy and be done with it.  If I leave it there and would be in the 700's any idea what it would be around (just a guesstimate, I know nobody will know for sure) what it would drop if I just declared bankrupcy?

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See if you can get someone from Wisconsin Legal Aid to advise you. If you live near a law school, some of the them also have legal aid clinics

Legal aid here in WI is so backed up that they will not help you unless you are in a life threatening situation.  I have tried legal aid when I was trying to get a restraining order against my ex because he was harassing me.  The wouldn't do anything because he had not physically harmed me yet.

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If you legally signed the house to him, the only way he could have won was to claim rent for the time period you lived there. Once you gave the house to him free and clear it should have relinqeuished you from any mortgage payments. You should have won if you told the judge you do not own the house any more.

 

id yu sign a quit claim deed? did you do it yourself or have a lawyer do it?

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If you legally signed the house to him, the only way he could have won was to claim rent for the time period you lived there. Once you gave the house to him free and clear it should have relinqeuished you from any mortgage payments. You should have won if you told the judge you do not own the house any more.

 

id yu sign a quit claim deed? did you do it yourself or have a lawyer do it?

 

Is there statute or case law to support this?

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If you legally signed the house to him, the only way he could have won was to claim rent for the time period you lived there. Once you gave the house to him free and clear it should have relinqeuished you from any mortgage payments. You should have won if you told the judge you do not own the house any more.

 

id yu sign a quit claim deed? did you do it yourself or have a lawyer do it?

I just did it when we were in court that was just before the judge ruled that I owed him money for living there.  Yes, it was a quit claim deed and I did it myself, I did not have a lawyer.

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He wasn't sueing me to get the house, I didn't have to sign it, but the case was for unujust enrichment because I lived in the house while he continued to pay the mortage because I could not.  My ex is not a nice person and they would made it rent then, I don't how it would have been dismissed.  They still would have push it, so I don't see how that makes a difference.  Either way it is over and done with, what is your opinion on the bankrupcy issue?

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I agree that bk should be a last resort, but it depends upon a person's circumstances.

 

A judgment damages one's credit, as well.  Most creditors will not deal with you if they see an unpaid judgment against you.  Also, we all know that in certain states, wages can be garnished and some creditors may try to force payment through the sale of assets. 

 

If you never pay the judgment, you have the fact that in some states, once the time for enforcing an unpaid judgment has run out, the creditor can have it renewed for another 10 years...or how ever many years the state law allows.

 

As a result, in some instances, bk is better than an unpaid judgment. 

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Honestly, I am really not all that concerned about what it will do to my credit.  At this point in my life I don't need it for anything anyways and by the the time I do I will be well on my way building it back up again.  Anybody know how much your credit will go down with bankrupcy?  If I am over 800 are we talking in the 600's, 500's, any ideas?

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