I have a lawsuit pending in Pa it is a civil suit. My X-Sister in law borrowed me money in 2013 and to be honest I didn't tell her the truth as to why I needed the money. I offered to make monthly payments but she won't except them. Back then I had a gambling addiction which I have since stopped. I am on disability because of major back issues. My husband and I moved to Fl in October of 2013. Could you tell me what the laws are in Fl. As far as her collecting the money from me. We have no assets except our SS benefits. We don't own our home, we rent. Everything we have is marital property, furnishings. Could you please let me know what the laws are?
Danielle J. BrudiBankruptcy AttorneyMooresville, NC ·
If I understand properly, your former sister-in-law lent you money in 2013. She refused to accept the monthly payments you offered and she has filed an action against you in PA. You moved to FL in 2013.
You need to hire an attorney in PA to represent you in the case there. You may be able to get the case stopped because you no longer live there. You may have other defenses. If she gets a judgment in PA and you do not take action against it, she can "domesticate" the judgment in Florida (bring it there). At that point, she can use Florida laws to enforce the judgment.
Depending on your situation, you may be "judgment proof," meaning that you don't have anything that she can collect. You may also benefit from considering bankruptcy. I'm changing the practice area from "divorce" to "debt collection" so you have a better chance of finding an attorney who can give you some direction in determining whether you may be judgment proof.
James F. Feuerstein IIIBankruptcy AttorneyTavares, FL ·
If she obtains a judgment in PA, the judgment can be domesticated (filed in Florida) and she can attempt to collect here in Florida. If the judgment is against you individually, she cannot go after marital assets that are in both your names. She also cannot garnish Social Security income. The judgment can negatively impact your credit, but it could be discharged in bankruptcy.
Please let me know if this post answered your question or was helpful by hitting the helpful button.
Mark Theodore TischhauserLitigation LawyerTampa, FL ·
"and to be honest I didn't tell her the truth as to why I needed the money..." So you are a gambling addict that lied to get money from a family member who has to sue to you try to collect it back.......and you are now looking for legal ways to stiff her out of that same money..........and you want to be "honest" with us? How on earth could anyone possibly tell or take you as an "honest" person when the question you are asking reflects about as much honesty as a piece of pocket lint. First, and foremost, if you are in an "honesty" mood you may need to sit down with the ex-sister law, have a frank discussion about what had happened and consider making some serious concessions and sacrifices to make good your word. If that means ramen noodles 24-7 until you pay her back - THAT is what accepting responsibility for your actions entails. Second, you need to make sure that you have your gambling "addiction" clinically under control and not just "stopped" as you tell it. If its an addiction you CANNOT simply stop by definition and if you did- its not an addition, but yet another manipulation to garner sympathy for simple poor decision making and greed or worse.
That stated, you likely need to retain a bankruptcy lawyer and file bankruptcy to get rid of any past debt issues assuming you TRULY have the addiction under control. Otherwise, you will likely end up with a bunch of misery dealing with a judgment that will likely be entered against you and may have to contend with a person you wronged seeking their pound of flesh if they can't get the money.
