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confused

I have a small claims judgement against me. It was just recently filed against me (less than 2 weeks ago). I have offered to make payments to satisfy it, but instead I am being taken back to court for a "preceeding supplemental". I am not employeed, but do receive child support. I am married and my husband's income covers bills, food, clothing, etc. I own my car. I have 3 kids, and need my car. I cannot afford to loose it due to this judgement. So, here are my questions:

Am I considered "judgement proof"?
Will my car be considered exempt?
Can they take my child support?
Can they count my husband's income as my own since we are married?

Posted: Tue Apr 25, 2006 3:15 pm Subject:

The credit company might drop the case if you send some payment to them and if they accept it. What type of debts are these? If they are unsecured debts, your car won't be taken away for recovering the bills. Neither your child support can be taken away as it is exempted.

I don't think that your husband's income will be used to fulfill the debt since they are in your name only. Talk to the company and arrange a payment plan with them. If they can accept some payment from you, the case is likely to be dropped.

confused · Posted: Tue Apr 25, 2006 3:51 pm Subject:

It is a small claims judgement. Long story short, they bought a puppy from me, it died. They won the cost of the puppy, vet bills, and court costs. My lawyer sent a letter offering for me to make payments, but they want entire judgement now. My child support is directly deposited into my bank account and I am worried they may seize my bank account.

Posted: Tue Apr 25, 2006 3:58 pm Subject:

The state laws won't allow the company to take away your child support. If this happens, it will be against the law. Talk to your lawyer and insist him to send the money through certified check. Even if they don't accept, you have proof that you are willing to make the payments. This will help the judge in making good decisions in your favor.

Posted: Wed Apr 26, 2006 6:54 am Subject:

What they're doing is bringing you into court where you will be sworn to tell the truth and answer questions about your property, some or all of which may be exempt from seizure. There may also be a demand that you bring documents with you. Whatever you got, you have to obey, if you fail to show up with whatever they told you to bring (unless, of course, what they asked for doesn't exist or you don't have it), the judge can issue a capias to have you arrested for contempt of court.

"Judgment proof" means you don't own anything worth taking; you've got to stay that way for as long as the judgment's good, though. In Va. that's a minimum of ten years. Go to the office of the Clerk of Court and ask for a "garnisment exemption claim form". That'll give you a list of what's exempt from seizure in your state.

Chris R · Posted: Sun Aug 27, 2006 6:56 am Subject:

I was in a car accident were the at fault party had no insurance. I am now forced to take him to court to get my car fixed. He has advised me that he is not working due to medical issues and is trying to get on disability. I am suing for $900.00. My question is the defendent judement proof or what, and am I wasting my time taking him to court. I dont know what kind of assets he has at this point.

Posted: Sun Aug 27, 2006 9:02 am Subject:

Chris-I'm not sure if he's judgement proof or not. I have heard if you are on disability,you can't be sued. But my son is on disability,and some jerk was on the wrong side of the road and they had a wreck,now he is suing my son. So by that happening,I don't know,of course we have insurance,so if they sue above that,I don't know what happens. I do know that you can file a hardship case in alot of the things.Sorry I wasn't more help...Karen

CHARMIE LAUVER · Posted: Fri Jun 27, 2008 8:42 am Subject: JUDGEMENT FREE

I AM ON DISABILITY , HAVE A DEBT I CANNOT PAY. I OWN MY HOME AND HAVE BEEN TOLD TO BORROW AGINST THE HOUSE. IF I CANNOT PAY ONE DEBT WHY MUST I OCCUR ANOTHER DEBT? I HAVE A HOMESTEAD ON MY PROPERTY
IS THERE ANUTHING I CAN DO TO PROTECT MYSELF. THE DEBT HAS BRRN SOLD TO A COLLECTION AGENCY. I LIVE ON 637 A MONTH SSI SOME MONTHS I BARELY EAT NAY HELP IS WELCOME.

Posted: Fri Jun 27, 2008 8:49 am Subject:

I would never borrow money on my home to pay off debts. All that would do is make your situation worse. You are on disability so they can`t garnish your wages. Depending on what state you live in the worst thing they could do to you is put a lean on your house. I wouldn`t loose to much sleep over your debt. Even if they tried to sue you , just show up to court and show the judge your budget . How much debt is it ? Have you considered bankruptcy?

Guest · Posted: Sat Jun 28, 2008 6:37 am Subject:

I too am wondering if I am judgement proof. If someone can help me figure this out i would appreciate it. I have a judgement entered against me for 3k. I am going to pay them $200 month, since that is all I can pay. I work part-time and receive about $450 a month, and that is my only income, I don't get paid by an employer because it is contract work. I don't own any property, but I am afraid they will freeze my bank account.

Guest · Posted: Sun Jun 29, 2008 9:12 am Subject:

i too am wondering if I am judgement proof. If someone can help me figure this out i would appreciate it. I have a judgement entered against me for 3k. I am going to pay them $200 month, since that is all I can pay. I work part-time and receive about $450 a month, and that is my only income, I don't get paid by an employer because it is contract work. I don't own any property, but I am afraid they will freeze my bank account.

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