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Judgment Proof Questions

What is judgment proof?

A financially insolvent defendant is, in most courts, referred to as judgment proof. When a defendant is considered to be judgment proof and a creditor files and secures a claim against the defendant, the collecting of the judgment would be difficult if not impossible. The creditor may file a garnishment of the person’s wages, unless the person is collecting; social security, government funds, or any government welfare. This can lead to a number of legal questions like the ones answered below.

How would a person obtain a judgment proof status, and how can he/she file for it?

If a person is judgment proof, this means that the person’s debts to creditors cannot be collected upon. The person does not have to file anything to obtain a judgment proof status and the person would need to notify all accounts that he/she has that they are exempt from any garnishments or liens.

Is a person who lives in California able to be judgment proof if he/she has no assets?

In California, if a person has not paid their debt and does not have the income to repay the debts that the creditors are asking to be repaid and they have no assets to repay the debt, then he/she would be considered judgment proof. The creditor can still file and obtain a judgment against the person, as being judgment proof does not protect the person from this.

If a credit card company gains a judgment against a person, can the person still be considered judgment proof?

When a person is considered to be judgment proof, the creditor can still gain a judgment against the person who owes the debt. In most cases, judgments are good for 10 years, so if the creditor wanted to wait till the person was not considered to be judgment proof and collect the debt, they could.

If a person lost his/her job, car, all assets, and then a creditor wanted to file a suit against them, would the person be considered judgment proof?

If a person is unemployed and has no assets, he/she would be considered judgment proof. The debtor can still gain a judgment against the person, the debtor would have a difficult if not impossible time collecting on the debt that they gained the judgment for.

If a person lives on social security and retirement and owns a home on less than an acre of land, can they be considered judgment proof and can creditors come after them if they stop paying?

If the person has only the SS income and retirement, then they would be considered judgment proof. The creditor cannot garnish the person’s income and they cannot take the person’s house away from them. If the person stops paying the creditors, then the creditors cannot pursue them for the debts.

If a person lives in a assisted living facility, would they need to send out letters that he/she is judgment proof or what would they need to do?

Since the person lives in an assisted living facility, they would be judgment proof since they have no assets or income that can be used to pay back any creditors. The person would not need to do anything as far as the judgment proof is concerned, so sending out letters would not be needed. If the person wanted to file for bankruptcy, then they would have to go to court for that, but they would not need to do anything regarding being judgment proof.

When a person lives on a certain amount of income and has no assets, he/she would be considered judgment proof. Being judgment proof may be very confusing and the person may have several questions regarding what is considered judgment proof, can collectors still collect the when a person is judgment proof, and many other questions. Asking an Expert would get you the answers specific to your circumstanced and help you take informed decisions.

Ask a Bankruptcy Lawyer

FiveStarLaw
FiveStarLaw, Attorney
Category: General
Satisfied Customers: 3317
Experience:  Bankruptcy Lawyer. Experienced.
9968427
Type Your Bankruptcy Law Question Here...
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    Ask follow up questions if you need to.
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Bankruptcy Lawyers are online & ready to help you now

FiveStarLaw
Attorney
Satisfied Customers: 3203
Bankruptcy Lawyer. Experienced.
Terry L.
Attorney
Satisfied Customers: 2204
Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Phillips Esq.
Attorney-at-Law
Satisfied Customers: 950
B.A.; M.B.A.; J.D.

Recent Judgment Proof Questions

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    I just filed a chapter 7 while the mortgage company sent me foreclosure letter,do I still have time to negotiate modification ,I obviously wrote off all debt that I owee them back mortgage for 3 years
  • my bankruptcy petition was converted from Chapter 11 to Chapter

    my bankruptcy petition was converted from Chapter 11 to Chapter 7 because of USC 1112(b) failure to obey a stipulated order to submit a disclosure statement and plan. U.S Trustee appointed a chapter 7 trustee under USC 704. And the very next day the Chapter 7 trustee sent me a letter ordering me the former Debtor-in Possession to cease and decease from operating the day to day business and not collect one single penny. And sent a letter to al the tenants as well not to pay me a penny.
    I have just learned from a attorney from this site (thank you so much) that the Chapter 7 trustee needed to get authorization from the court in accordance to USC 704 (8) and USC 721.
    seeing that this trustee violated the law can I now file a motion to dismiss do to these violations of my right as a Debtor to Due Process and Prejudice and Privacy. I am sure if I had an attorney these letters would have never been sent.
  • I am in oklahoma and am being sued for garnishment for a past

    I am in oklahoma and am being sued for garnishment for a past bill... I have a court date set for Dec 2nd to provide paystubs, tax filings, bank statements. I will be out of the country on vacation that has been planned for over a year. I called the law office and they said they would not change it. I know that based upon my salary that they will get a judgement of the maximum OK garnishment of 25%. I was just planning on not going to the court date or providing any documents but I wanted to ask someone if I was cutting my own throat?
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