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Mr Lofton
Mr Lofton, Lawyer.
Category: Legal
Satisfied Customers: 1291
Experience:  30 years of experience as a counselor and trial lawyer
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I have a judgment against me by debt collector. If I ...

Customer Question

I have a judgment against me by debt collector. If I transfer money into another account with someone else''s name, will it be trackable?
Submitted: 9 years ago.
Category: Legal
Expert:  Mr Lofton replied 9 years ago.
It may or may not be trackable, depending on how much digging the debt collector wants to do, like take a depostion of the other person under oath in which cse they would admit it. Of course there is no master computer that automatically knows that a friend is depositing your money. If there is a judgment against you, the debt collector has the right to subpoena you into court later on to explain why you haven't paid and if you lied to the judge about where you money is or how m uch it is you could go to jail. You could ask the debt collector, or the judge, to allow you to pay the debt off over time, so much a month. Better to be up front about it. All the best,
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Customer: replied 9 years ago.
Reply to Mr Lofton's Post: By the time I submit the discovery the money will be elsewhere. How would that be lying? I plan to ask to pay on the debt monthly. Now how is that determined if my retirement is only so much and I have little left after paying bills?
Expert:  Mr Lofton replied 9 years ago.
You need to file a written motion with the court r equesting a payment plan - you can get a fast hearing if you ask for it. Go to clerk's office in court house and ask them how you can get a fast hearing in front of the judge.
Customer: replied 9 years ago.
that's a fantastic suggestion because I don't want to drag this out. However, you did not provide me with info on how the payment will be determined>
Expert:  Mr Lofton replied 9 years ago.
The judge will hear your circumstances and simply try to give you a payment plan that is within your budget and which also gets the creditor paid. Good luck.
Customer: replied 9 years ago.
That would definitely help me in the long run.
If the debtor is requesting my checking account number will he have access to the info as to what was transferred or just the current balance?
Expert:  Mr Lofton replied 9 years ago.
If he gets the checking account info from thebank he will see the transfer.
Customer: replied 9 years ago.
IF--does that mean that the bank doesn't have to supply such info to them since the debtor is not the IRS?
Expert:  Mr Lofton replied 9 years ago.
The bank must supply the info if the bank receives a subpoena or a court order!
Customer: replied 9 years ago.
You are definitely an intelligent man. I appreciate your time and are well worth every penny. Thank you for taking so much time with my question. Wish I had a million dollars because I would hire you and pay you that much for your services.
Expert:  Mr Lofton replied 9 years ago.

Whoa! A Mil would be nice! All the best to you,