Judgement Proof? Still would like advice/comments
Date: Tue, 05/04/2010 - 13:30
I owe maybe $12k-$15k on credit cards- with all the fees I finally gave up keeping track. I made minimum pymts. as long as I could, then stopped altogether. The credit agency letters and calls (all going to voicemail) started about 8 mos. ago. I've never responded or been in contact with any of them in any way.
1. Should I contact them to tell them they're essentially wasting their time? If so, which way to do it?
2. Should I just wait and be summoned to appear in Court (which I would positively do- w/o an attorney) It would be very difficult to serve me in person, so I'm assuming USPS is legally OK. Which is fine with me.
3. IF, for any reason, there WAS some kind of judgement I wasn't aware of, and they were going to seize my 2 bank accts., would my bank take the time to see SSDI is my only deposit and refuse, or could they just hand over the money? If that's even remotely possible, I would be homeless. I'm serious. And would it be wise to give my bank some kind of "heads up" that this could possibly happen?
4. IF, I should become able to get some meager part-time job someday, will they just lie in wait and garnish that?
And I'm in California if that matters.
Sorry this is so long. Am I overly worried and/or paranoid? Probably.
MANY thanks in advance for any and all advice!
1. You can try to tell them they're wasting their time. I doubt
1. You can try to tell them they're wasting their time. I doubt they would listen.
2. They can serve you via mail in California only after they attempt to serve you at home and fail. California Code of Civil Procedure section 413.10 et al.
3. They cannot garnish your social security income, but they can get the money deposited into your account, you are allowed to keep up to $2,700 under the first of Cal.'s judgment schemes. You would have to show the court that your only income is from SSDI when/if you get there, then the court would grant the exemption. Be honest with the judge about your finances, it will only help you in the end.
4. If you get a part time job, they can and will garnish wages. If you get a judgment against you, your creditors/collection agency will file what is called a judgment lien. They will have to update the judgment lien every so often, and pull your financial records to make sure you aren't hiding income (which could cause major trouble for you if you try).
If you need more specific California legal questions, I would recommend you see a lawyer. You would definitely qualify for any legal aid assistance funded by government grants (which are more exclusive than normal legal aid and in your case easier to get into). You can also ask free legal questions at www.lawguru.com and get answers from a California lawyer. You are not overly worried and/or paranoid.
Actually..they can't touch the bank account if the only income i
Actually..they can't touch the bank account if the only income in it is the SSI and the fact it is direct deposited is proof enough. You would file your exemptions if you got sued.
