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MelleMel · Posted: Wed Jun 11, 2008 10:40 am Subject: Judgement Proof

Someone is trying to sue me for negligence for $52,000. It is work related. They were a customer.
Am I considered "judgment proof"? I am a single mother who makes $30,000/yr. I do not own a home or have ANY assets.

Posted: Wed Jun 11, 2008 10:50 am Subject:

No one is judgment proof. They can still get a judgment and garnish your wages. Some states don`t allow garnishments. What state do you live in ?

Posted: Wed Jun 11, 2008 11:29 am Subject:

There is such a thing as "judgment proof." Usually it pertains to someone who has no assets and is on a fixed income, such as SSI or Disability with no outlook for increased income or assets. I believe by law, they cannot go after this income.

The fact that you work, I believe, does not put you in the judgment proof category.

I would suggest you talk with an attorney - free consultation - to see what your options are. If it is work related, how could they sue you? Wouldn't they need to sue the employer and it would be covered under THEIR insurance policy? I'm not 100% on this one, but it seems suspect.

Joan Ferreira · Posted: Fri Jul 11, 2008 7:21 am Subject: You are not Judgement Proof

If you earn a wage or have assests they can take it from you. Only if you receive government money/public assistance and have no property/assets is when no one can touch you.

Posted: Fri Jul 11, 2008 7:59 am Subject:

I have to agree with the others. To be "Judgment Proof" you have to be uncollectable i.e. have no income/assets or untouchable income/assets but someone could even still get a judgment against you in those cases. It would just be worthless.

In your case I think a portion of your income might be subject to wage garnishment but I doubt it would be much. You would have to check your state laws and then it would be up to a judge to set the amount. I don't think a judge would order 25% on a sigle mother that was struggling but you never know.

Unfortunately thats only 1/2 the battle though. If you are sued you will also have the added expense of lawyers and courts. If it gets messy that could cost you as much as what you are being sued for.

Posted: Fri Jul 11, 2008 9:42 am Subject:

I was at court once for a matter, and the first thing the judge said after he entered was to not try and claim you are judgement proof, that in my county it doesn't exist.

Also, even if you are "judgement proof" it isnt' a way out. It is usually temporary, and any money you may get could be seized by the creditor.

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