Legal Question in Credit and Debt Law in Missouri

I have received a threat of suit from an attorney and have 30 days to respond. 1. I think I am judgement proof (joint tenancy in MO) all debt is in my name alone. 2. I am on SS 3. I plan to ignore creditors until the statue of limitations runs out - (5 years in MO). So, do I respond to a letter by telling them it is hopeless for them? or do I cooperate by going to court with the fact that I am the victim of fraud and have no assets anyway?


Asked on 7/02/10, 2:54 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

If you are served with legal process (Petition and Summons) then you should be sure to deal with it or else a Judgment will be entered against you by default and the creditor's attorney will attempt to collect on the judgment. Even if you are "judgment proof" as you say, you would then have to file Motions to Quash garnishments and take other actions to protect assets from execution or garnishment. Sometimes you may be able to negotiate a settlement in such a small amount that it would be more practical to make a settlement than to try to avoid collection.

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Answered on 7/03/10, 3:24 pm


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