Being Sued!!

[PLMUSCLE]

What is the name of your state?CALIFORNIA
I AM BEING SUED FOR TWO PERSONAL CHECKS THAT I GAVE A PERSON FOR A DEPOSIT ON A VEHICLE AND THAT I NEVER PAID, MY FAULT. WELL HE IS TAKING ME TO SMALL CLAIMS COURT FOR THE AMOUNT OF THE CHECKS AS WELL AS 1200 IN PENALTY'S. THE TWO CHECKS TOTAL 1700 SO TOGETHER THEY ARE 2900.00. THIS IS WHAT HE IS SUEING ME FOR. NOW MY QUESTION IS THAT I AM NOT GOING TO DISPUTE THAT I OWE HIM THIS MONEY, BUT WHAT WILL HAPPEN IF I GO TO COURT AND ADMIT THIS. DO I HAVE TIME TO PAY THIS AMOUNT OR WILL THEY AUTOMATICALLY GARNISH MY PAYROLL CHECK AND HOW MUCH CAN THEY GARNISH IN A WEEK. THANKS. LET ME KNOW. ALSO SORRY FOR TYPING IN CAPS, BAD HABIT OF MINE. THANKS.

 

[Florid-aise]

It is one thing to post in all caps. That is bad in itself. But to do so and appologize in the very act, is nearly unforgiveable.

This is why no one has responded to your question.

 

[tijerin]

What is the name of your state?CALIFORNIA
I AM BEING SUED FOR TWO PERSONAL CHECKS THAT I GAVE A PERSON FOR A DEPOSIT ON A VEHICLE AND THAT I NEVER PAID, MY FAULT. WELL HE IS TAKING ME TO SMALL CLAIMS COURT FOR THE AMOUNT OF THE CHECKS AS WELL AS 1200 IN PENALTY'S. THE TWO CHECKS TOTAL 1700 SO TOGETHER THEY ARE 2900.00. THIS IS WHAT HE IS SUEING ME FOR.
NOW MY QUESTION IS THAT I AM NOT GOING TO DISPUTE THAT I OWE HIM THIS MONEY, BUT WHAT WILL HAPPEN IF I GO TO COURT AND ADMIT THIS.

You will lose and a judgement will be placed against you.

DO I HAVE TIME TO PAY THIS AMOUNT

Sure, you have all the time you want, until it's either paid off or they start collecting your assets (if you have any) or garnishing your wages or otherwise attempting to enforce the judgement. Keep in mind that they can charge interest at 10%.

OR WILL THEY AUTOMATICALLY GARNISH MY PAYROLL CHECK

They won't "automatically" do anything. They would have to get a court to order the garnishment in their attempt to enforce the judgement.

AND HOW MUCH CAN THEY GARNISH IN A WEEK. THANKS. LET ME KNOW. ALSO SORRY FOR TYPING IN CAPS, BAD HABIT OF MINE. THANKS.

In California, they can garnish up to 25% of the EXCESS of your paycheck. Let me explain.
Under federal law, there is an additional protection for low income people. A wage earner must be left with a weekly wage equal to 30 times the current federal minimum wage -- which is $5.15 as of June 2000. (In a few states the minumum wage is higher. See http://www.dol.gov/dol/esa/public/minwage/main.htm for up-to-date information.) This means that you get to keep the first $154.50 per week. (15 U.S.C. §1673(a)(1)). If California's minimum wage ($6.75/hr) applies, then the you'd get to keep the first $202.50 per week. They can garnish 25% of anything left after that.

 

[PLMUSCLE]

Thanks for the reply's. Again sorry for the CAPS in my post. So when I go to court and lose my judgement, they won't automatically start to garnish my wages. I have no assests. I will have time to repay the owed money? Who sets the timne frame to how long I have to repay the money owed?...Thanks.PL

 

[tijerin]

There is no time frame. It will depend solely on how agressive and expedient they are in locating and attaching your assets and what, if any, assets you have that they can collect. If you have sufficient income for them to garnish your wages, that will probably be their first course of action. Seeing as this is small claims court, they may not know what they can do or how to do it. It may take them time to figure out how and what to do, or it may not.

While they are, or aren't, attempting to do something, I'd suggest contacting them and PROPOSING a payment plan to THEM. This would, of course, save them the trouble of further legal proceedings to ENFORCE the judgement.

Of course, you could always go to court and try to get the $1200 in penalties they are trying to sue you for thrown out. If you're going anyways, and are going to admit you owe them money, why not admit to the $1700 you originally owed and ask the judge to get rid of the $1200 in penalties. The judge can do whatever he wants, in that respect. It seems excessive to me but I know the law says you "CAN" be liable for up to that. Doesn't say you "ARE". Worst case, you get a judgement against you for $2900, best case it's for $1700.

Never hurts to ask. It would probably depend on the reasons for the check, the initial agreement in regards to the deposit, whether the checks actually bounced or you stopped payment on them and why, whether you notified them that you wouldnt be purchasing the vehicle, what the current laws are in regards to PRIVATE PARTY vehicle deposits, etc, etc.

Just tell the judge the truth and hope for the best.