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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
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Experience:  Bankruptcy professor.
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i will have a default judgement in Florida and I reside in Georgia.

Customer Question

i will have a default judgement in Florida and I reside in Georgia. I have been accused if civil theft and converson. I am unable to defend myself against these charges because I live in Georgia. First can I fight these charges (civil) if it is brought to Georgia for domestication and 2nd can I file for bankrupcy on them if they obtain a georgia judgement?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  LawHelpNow replied 2 years ago.

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Customer: replied 2 years ago.
i didnt receive an answer
Expert:  LawHelpNow replied 2 years ago.

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Expert:  davidhken replied 2 years ago.

Hi, thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:

-Were you served with the suit while you lived in Florida or have you always been in GA?

Please explain why the suit was filed in FL and the basis for the jurisdiction in that state?

Customer: replied 2 years ago.
I have never lived or visited Florida, a bank account was opened in Florida and my brothers and I was listed on the account. After a family dispute I withdrew the money out of the account on the internet from my home in GA. I have fought jurisdiction with Florida but they are saying because the account was a Florida account they have jurisdiction. The reason the suit was filed in Florida instead of Florida is because the one filing the lawsuit had a warrent out for his arrest in GA and feared being arrested. A default judgement is near and I assume it will be sent to GA for domestication.
Expert:  davidhken replied 2 years ago.
Dear JACUSTOMER - You have three choices. You can contest the jurisdiction of the FL court now by making a limited appearance in the case and filing a motion to dismiss for lack of jurisdiction and improper venue since the suit should have been filed in GA. Second you can wait until there is a default and object to the jurisdiction when or if it is filed in GA and third, you can file a bankruptcy and wipe out this and any other debt you may have. If the person in FL is afraid to come to GA to file the suit I can't imagine why they would not be afraid to come to GA to collect it.
Customer: replied 2 years ago.
He has sued me for civil thef (Florida Law) and converson. Are these dischargable in bankrupcy?
Expert:  davidhken replied 2 years ago.
I will have to refer you to a bankruptcy expert for any specific questions on bankruptcy. I will opt out and ask that your question be transferred to the bankruptcy section.
Expert:  ANDREA replied 2 years ago.

 

Hi, and Welcome to JustAnswer. Thank you for your question.


My name isXXXXX am an Attorney and would be glad to help



A civil judgment entered against you in Florida and domesticated in Georgia would be dischargeable in Bankruptcy. However, it must be a valid judgment, meaning that you were properly served in the Florida case and the Florida Court had jurisdiction over you. If this did not happen, then the Florida judgment would not be valid. If you went ahead and filed a Petition in Bankruptcy, and you were later sued in Georgia, you would not be able to file for Bankruptcy again for another 5-7 years, in which case, the judgment would remain against you in Georgia and be enforcible by the Plaintiff in Georgia and he could have any assets you owned seized in order to satisfy that judgment,

 

Please be kind enough to press "Accept" so that I receive credit for assisting you

 

Positive Feedback and Bonus are always appreciated

 

 

 

Thank you for allowing me the opportunity to assist you,

Customer: replied 2 years ago.
Just to clarify: I have a judgement for civil theft and conversion. I can bankrupt on this type of judgement?
Customer: replied 2 years ago.
Relist: Other.
no answer
Expert:  cfortunato replied 2 years ago.

Yes - as long as there was no fraud (a deliberate attempt to mislead) involved, a judgment for civil theft and conversion can be discharged in a Bankruptcy.

 

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