- Registrado
- 17 de Ene, 2017
The bank.Is the "They" in the 2nd sentence the bank or another creditor? And what, in your opinion, is the result of Phil being sued if that's what happens with regard to his other debts and whatnot? Does it just steamroll him toward bankruptcy?
There's a jurisdiction issue in a lawsuit like this because DSP and the lender are in different states. I don't know if they will sue DSP in CT because he owns property there, if they have to sue him in WA because he lives there, or if they can sue him in federal court because the two parties are from different states (in that case they'll still have to sue in a WA-based or CT-based courthouse and I don't know which.) Either way ultimately they'll more or less just get an authenticated copy of the court judgement sent to the state where the assets they want access to are located and get permission to seize stuff there.
For example, they will attack his known incoming payments from Twitch, PayPal, AdSense, and Patreon. Some friendly neighborhood Kiwi Farms user could- in the event of a successful lawsuit- point out to the lender's counsel that we track DSP's income monthly and show them how we get to those numbers. The lender's counsel would happily accept that information and instruct some employee on their staff to replicate the research. Once they know the payment is imminent they would simply ask a court to order the payor to redirect the funds to whoever won the lawsuit. Wage garnishments have limits that ultimately mean they wouldn't be able to take much more than he already pays now each month. I didn't know this until recently, but those limits do not apply to independent contractors, which means they can take as much as they fucking want. TL;DR that leads into the answer to your question:
He negotiates (lol bitch the negotiation was "pay your debt"), files for bankruptcy, or goes homeless. Period. Full stop. End of story.