QUESTION

I am suing someone, what if they claim they have no money, he is in the military and gets paid well, plus has a pension?

Asked on Oct 23rd, 2012 on Bankruptcy - Florida
More details to this question:
Suing for breach of contract, and false income reports. Does being in military help them or hurt them, how would I get my settlement once I win the suit?
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3 ANSWERS

Family Law Attorney serving Provo, UT at Havens Law, LLC
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Once you win a judgment you generally have ten years to collect. There are several methods to collect the judgment. Some options include wage garnishments, bank levies, and attaching personal or real property so you get paid if the attached property is sold. Being a member of the military can delay payment in some circumstances, but does not prevent payment. Military wage can be garnished, but pensions are considered exempt. It is possible that if there is low income and little income that you cannot collect anything and that person becomes judgement proof.
Answered on Oct 26th, 2012 at 5:25 PM

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Kevin Elliott Parks
Initially, if you win the suit you won't get a settlement, but rather you would have to collect on a judgment, and a plaintiff's ability to collect against a defendant is always an important and difficult issue to determine prior to proceeding in litigation.
Answered on Oct 25th, 2012 at 8:25 PM

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Insurance Litigation Attorney serving St. Petersburg, FL
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Claiming one has no money is not a defense to a legitimate breach of contract or money lent case. If the defendant is on active military deployment, the Service members Relief Act provides some protections. Once you win a suit, you have to collect upon the judgment. It sounds as though you will need an attorney to assist you.
Answered on Oct 25th, 2012 at 8:23 PM

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