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Author Topic: Too Late to Fight? Have to File BK?  (Read 3047 times)
redgeraniums
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« on: September 27, 2011, 09:15:09 PM »

Hello, All!  So glad I found this site.  Here's my summary:  I'm a F/T single mom of 3 great children who happen to have multiple disabilities.   Their dad, my ex-husband, is an addict.  Before and after we separated 5 yrs ago, he maxed out one credit card in my name (forged my signature, etc.), ran up a joint bank account in NSF fees and left it, and did the same with his cell phone bill (in my name).  He owes over $86K in back child support and has abandoned.  The judge ordered him to repay the credit card in the divorce decree--but I've learned this doesn't matter, it's still in my name.

2 years ago the ccard's collection agency sued me.  I wrote them another letter explaining this wasn't my debt, it was fraud, but didn't know to file an official answer with the court!  I went to the judgment hearing and the judge said he had to grant the judgment, but that i "shouldn't worry about it". 

The collector just depositioned me, and i had to supply the title/reg copies to my car.  It's old, but still worth about $3K.  I'm worried about losing the car--my only "asset", but i have to have it to take kids to physical therapy, schools, dr, hospitals.  I cannot work at this time because of their frequent illnesses/hospitalizations.  I've filed a request for a hearing for head of household exemption several months ago, but haven't received a date for the hearing.  I thought I could fight the judgment, file a motion to vacate, or set aside, because it's not my debt.  I met with a BK attorney today, though, and he said there's NO WAY to fight that judgment once it's been 2 years, it's too old.  He says my only option is to file Ch 7 BK, asap.  Of course that's expensive, and I don't have the money for it.  I'm devastated that my good name and excellent credit history are irreparably ruined.  Is he correct?  Is there any way to fight it this long after the judgment was granted?  Is BK the only option I have?  If so, has anyone out there filed a ch 7 by yourself?  Thank you for your time!
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cmart56
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« Reply #1 on: September 27, 2011, 11:43:58 PM »

it is possible that it is too late to vacate the judgment against you.however,the strategy i suggest is saving your assets from the judment creditor.first,i refer you to fl statute 222.and in particular 222.25.based on 222.25(4),you can use the personal property exemption to shield your car.see link http://archive.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0222/0222.html .you also need to read fl statute 76 and 77.i hope this helps.


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redgeraniums
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« Reply #2 on: September 28, 2011, 10:27:49 PM »

Thank you so much for this information!  I really appreciate it.
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