need help

[MCt]

Should I file dismissal or demurrer

Hi, I have a lawsuit against Calvary since 2019 I responded I was living in another country when someone took my identity I have frozen my credit since the 2012 Cavalry never comes to court the 3 times send someone else with excuses now they said they need 6 months to investigate the identity fraud. But I need to go home to Mexico I can't afford to pay the tickets back and ford I only get my social security
I am in California I like to file a dismissal

[Bulldoger]

You should give more information your being really vague: "Hi, I have a lawsuit against Calvary since 2019" are you the plaintiff or defendant?  "I have frozen my credit since the 2012" So they took identity before 2012 so SOL is past?  Cavalry never comes to court the 3 times send someone else with excuses (who are you expecting other than who attends?) I am in California I like to file a dismissal. If your the plaintiff then nothing is stopping you if your the defendant on what grounds are you thinking of filing on? "I can't afford to pay the tickets back and ford" you don't need to pay for tickets back and forth just hire local attorney to represent you just like they do. 

 

[MCt]

I am the defendant  I when to court 4 or 5 times . they always ask for continuance and they send different lawyers. Now the plaintiff counsel request 6 months to research a possible identity fraud. Since  on 2011 my identity was stolen  my credit is froze and have police report and another letter from a lawyer. I being living  Mexico since 2012 comeback for my daughter college graduation only then i come back in 2017 to the US  my ex husband needed help he has major heart attack .

now I want to go back to my home in  Mexico but can I appeal  the decision or can I ask for a dismissal .  sorry my english since my first language is Spanish. 

[Bulldoger]

Again not a lot of information:

I am assuming you had identity theft with some original creditor (I assume it was a Credit Card). You didn't pay and/or didn't give them the information they wanted so verify the theft. Card went into default and was sold. The buyer is now suing you. 

If they asked for a continuance that means case has not been to trial and there is no decision or judgement yet. So no you cannot appeal at this time because there is no judgement. 

Or you can just let them have their six months extension. Notify the plaintiff your address in Mexico when you get there via certified mail return receipt using Mexico mail service.  Mention to them that you have permanently relocated to Mexico.  They may just drop case because of you moving. If they find out if it was identify theft your not liable.  You will then get a copy of what they file with court.  If it was identity theft  it will be a motion for dismissal or nonsuit you will not need to come back to CA case is dismissed. 

If they find it was not identity theft they will file a Motion for Summary Judgement. You can then file a response via mail or internet arguing your point of identity theft worst that happens is you get a judgement.

The plaintiff can't garish your wages in Mexico. All they can do is try to levy any bank account you have in the United States. So just close all USA bank accounts before moving to Mexico.  

[Bulldoger]

17 minutes ago, Bulldoger said:

Again not a lot of information:

I am assuming you had identity theft with some original creditor (I assume it was a Credit Card). You didn't pay and/or didn't give them the information they wanted so verify the theft. Card went into default and was sold. The buyer is now suing you. 

If they asked for a continuance that means case has not been to trial and there is no decision or judgement yet. So no you cannot appeal at this time because there is no judgement. 

Or you can just let them have their six months extension. Notify the plaintiff your address in Mexico when you get there via certified mail return receipt using Mexico mail service.  Mention to them that you have permanently relocated to Mexico.  They may just drop case because of you moving. If they find out if it was identify theft your not liable.  You will then get a copy of what they file with court.  If it was identity theft  it will be a motion for dismissal or nonsuit you will not need to come back to CA case is dismissed. 

If they find it was not identity theft they will file a Motion for Summary Judgement. You can then file a response via mail or internet arguing your point of identity theft worst that happens is you get a judgement.

The plaintiff can't garish your wages in Mexico. All they can do is try to levy any bank account you have in the United States. So just close all USA bank accounts before moving to Mexico.  

 You can also ask for the hearing to be held vis ZOOM or telephone so you don't have to appear in court. 

[MCt]

thank you, 

 am assuming you had identity theft with some original creditor (I assume it was a Credit Card) YEs was Citibank .

You didn't pay and/or didn't give them the information they wanted so verify the theft. (was no mine account .  I give then all papers the I had about identify theft my ex given then my address in Mexico the never send anything  to Mexico since I being living there I am a native of Mexico I come here when I was 15 then left after the divorce in 2011 come back 203 for little time back to Mexico the retired 5 years ago 2017 I come back  for ex illness needed to comeback so on 2019 thy serve me with the summons I try I send all the paper work they made many mistakes by laying the contact me one hour before the court they send me paper saying the were going to be in the phone 3 days  after the court day they never come too all the court days thy send always some else they change from WinnLaw group to Chaves Legal group 

Card went into default and was sold. The buyer is now suing you. yes Cavalry 

[Bulldoger]

If you’re a U.S. citizen, you can receive your Social Security payments while living in Mexico. You can even have the payments deposited directly into a Mexican bank account. Do that so they will not be able to touch your retirement if they get a Judgement. 

 

[shadow99]

10 hours ago, Bulldoger said:

If you’re a U.S. citizen, you can receive your Social Security payments while living in Mexico. You can even have the payments deposited directly into a Mexican bank account. Do that so they will not be able to touch your retirement if they get a Judgement. 

 

Can they even garnish social security payments?  If that's all she has, doesn't she notify the bank then forget about it?

She mentions a letter from a lawyer, so I don't know if she understands exactly what's happening or not.

When someone sues you for a debt in the US, it's not a criminal matter and you don't even have to show up for court. No one will put you in jail or anything.  If you don't show up, they will get a default judgement that says you owe the debt.  However, to get the money, you have to willingly pay or they have to garnish you.

A garnishment is when a court tells your job or your bank or something else to take your money and give it to them so they can give it to the person/company who received the judgement.  They can't garnish certain funds - like social security, as long as you don't keep over a certain amount in your bank account.  They could also go after your property - like a house or even a car.  They can't go after things you own in Mexico.

If you don't own anything in Mexico and your only income is social security, you would be "judgement proof" - meaning they can't really do anything to you. Then, there's not so much they can do. 

If you still want to cooperate with them, that's fine.  I just wouldn't spend money on travel to do so.  As Bulldogger mentioned, tell them it's a hardship due to your finances, age and health to travel from Mexico for each court date, but you are able to attend by phone or Zoom.

If it was me, and I planned to stay in Mexico and had nothing of value in the US, I'd tell them to get their judgment and go pound sand. 

[BackFromTheDebt]

Social security cannot be garnished for MOST debts. 
 

Bank accounts can be garnished, subject to limitations. 
 

As for foreign banks — if the bank is the foreign branch of an American bank, or a foreign bank which has branches in the US, it is possible to garnish an account.  
 

If the bank has no American branches it is extremely difficult to garnish an account. 
 

First, they would have to domesticate the judgment in Mexico, and then use Mexican laws to garnish the account.  They would need a local licenciado for that.  Rather expensive process for a small amount. 

[BackFromTheDebt]

One thing, since you are currently in the US. 
 

Did you file a police report for identity theft?  If not, do so ASAP.  Then send a copy of the police report to the court and to the plaintiff.  That can help. 
 

Other than that, the advice to request the court to allow you to appear by phone or internet is good advice.  It simply isn’t fair to you to have this drag out for so long.