How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Pro Your Own Question
Law Pro
Law Pro, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 24870
Experience:  20 years experience in consumer advocacy, debt collection violations, contracts, construction
11688690
Type Your Consumer Protection Law Question Here...
Law Pro is online now
A new question is answered every 9 seconds

i was given papers from discover lawyers that i was over due

This answer was rated:

i was given papers from discover lawyers that i was over due and hadnot paid in awhile .i wrote themand told them i was forcedto go on disabilty and could only pay 30 dollars a month. but they served me anyways . i asked them in the beginning to please lower my intrest rate because i couldn't keep up with it ,that never happened. i own nothing i can even sell to get money i only get a little over 1000 a month and after mortage and a cor payment i don't have very much. what should i do .

Hi! My name is XXXXX XXXXX I'll be the attorney assisting you.

Just to be sure of my answer - what state do you live in?
Customer: replied 3 years ago.

ny

OK you would appear to be judgment proof.

But just to be sure of my answer:

Do you have any equity in the home? How about any equity your car?

From what source does your income come from - social security or what?

Customer: replied 3 years ago.

my wife and i have a mortgage on a house ,we rent it to pay the mortgage, the house we live in only my wife's . my truck has both of our names on it and i pay that from my social security i also pay the mortgage on the house we rent out with my social security. i only get 1100 dollars a month ,i own


nothing my self and have not got my name on anything alone

So, your only source of income is from social security?

But you do have income from the tenants renting your house - correct?
Customer: replied 3 years ago.

i don't my wife uses it to pay taxes on it we just break even

Then you are judgment proof.

The term judgment proof is most commonly used in tort and contract law contexts to refer to defendants or potential defendants who are financially insolvent. Even if a plaintiff were to secure a legal judgment against an insolvent defendant, the defendant's lack of funds would make the satisfaction of that judgment difficult, if not impossible, to secure. In such cases plaintiffs might move for wage garnishment based on the judgment. However, if the debtor is living on income from social security benefits, a retirement pension, or other social welfare, then this may not be possible, as such income is often subject to legal protections against garnishment by creditors.
[Wikipedia]


The term is a bit of an oxymoron (contradiction in terms), because the creditor can sue you and get a judgment -- it just cannot collect on the judgment.

You don't have any income or assets that the judgment creditor can collect on.

So, if they won't make some agreement with you to allow you to pay $20 or $30 per month for just 2 or 3 years (don't agree to anything more) which will completely satisfy the debt - then do nothing because there is nothing they can do to you.


Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer.. I thank you in advance for taking the time to provide me a positive rating!

If you have any questions, about this or anything else, please ask for me, Law Pro, directly in the question and I will try to assist you as best I can.

For example, you would state, "This question is for Law Pro . . . (then on with your question).

I wish you the best in the future.
Law Pro and 4 other Consumer Protection Law Specialists are ready to help you

Related Consumer Protection Law Questions