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.