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Faithandhope

Should I talk to Plaintiff?

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I want to talk to Plaintiff at the CMC and see if they will dismiss the case if I tell them that I'm judgement-proof and I can file Bankruptcy if there is a judgement against me in the end. So it is in their best interest to save their time and money to dismiss the case now. Is it ok that I tell them this? Please let me know your thoughts on this.

I'm judgement-proof right now, trying to fight JDB.  Case Management Conference is coming up.

 

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You can try to call them and state that BUT they will still want the judgement. You might be collection proof today but tomorrow you might have assets at a later date and the judgement accrues interest at a rate better than market. They can do depositions too and if you miss just one, they can get an arrest warrant and have you thrown in jail. Once you are bailed out, they take the bail money.

They also do not believe anyone who claims to be looking into filing bankruptcy because too many people say that. They only believe the actual filing.

If you really are going to go the BK route, I would suggest you do that before the judgement is issues, especially if you have real estate such as a small home.

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