judgement proof - garnished to pay d debt?

Let me explain you the actual meaning of Judgment proof. When a creditor or a collection agency files a lawsuit against the debtor, he might have already attained his judgment proof status by submitting his/her wage stubs, income tax statements, or oral testimonials to prove the facts that he cannot afford to pay anything at that time period. The court official will offer some time extensions on his/her damage payments. Remember, the debt does not get erased when you have qualified for a judgment proof. You are only given some time interval till your situation improves and until the debt is paid off. Once the time period lapses, you will be asked to appear in the court for the latest updates on why the debt has not been paid. You may have to explain your worries and prove your inability to pay the debt. These summons, hearings and demonstrations will continue till the debt is paid off or the judge takes the final decisions writing off the accounts.

What I meant about being judgement proof was that with no income, no home, no assets, there can be no garnishments. I was wondering if a creditor can see that there is no hope for collection so no judgement is filed because the cost and debt will never collected.

I didn't know there was a legal title of Judgement Proof for something or someone.

how long til payday loan companies want to take you to court and sue?

Guest, I have a question for you... How do you eat, sleep, bath, just survive without "no income, no home, no assets"? Do you have a family, friends? How were you able to get the loan in the first place? Trust me... there are ways of getting blood out of a turnip... TRUST ME... I have done it...Just wondering...

im sure they have a house they could live in free housing, have foodstamps, ect ect most pdl dont do a employment checks, they usually check teletrack at least on me they did. i had maybe one or two do a employment verification. just my 2 cents

a lawsuit has been filed against me by lvnv for an old sears account. Since i have no way to settle the amount, does this mean an automatic garnishment of my check? IF MY CHECK IS GARNISHED, IS THE WHOLE AMOUNT TAKEN AWAY.? I know i will lose in court because i do owe the money and only make about $100.00 a week. I haven't been served yet but i know about it because of a note left on my door. also a consolidation company called offering to settle the account for me for a fee. Is this just another scam? pls help.

You need to check the laws of your state before a garnishment takes place legally. You have to show your presence at the court and explain the situation to the judge. He will decide whether a judgment is the only solution for recovering the debt. In case a garnishment takes place, the maximum amount that can be garnished is 25% of the disposable income. In Texas, garnishment cannot be done. You need to check the laws of your state first.

identity_crisis..
I'm sure it's been done, but Unless you have a huge loan, I doubt that a payday loan company will ever take you to court and sue you..Remember, they're usually breaking a gazillion laws, which is why they never garnish...You have to get through the courts in order to obtain a judgement..That's why pdls use the wage assignment tactice. If you haven't already, you should send a wage assignment revocation form to all your pdls and your employer.

FYI smartaz :evil: smrtnrgtcS:
I must live with a friend until my luck changes.
I did not get a loan. The debt I am concerned about is an old credit card. No, you can't get blood out of a turnip when chapter 7 is available. :evil:

Thankyou LESS IS MORE for the information. :)

if i am judgement proof,can any property be taken?

can money be taken out of ssi. or a monthly pension to satisfy ajudgement.

No, not SSI directly. But you have to file for an Exception, because they *can* attach your bank account if you do not prove that the funds are exempt.

See Personal Property Exceptions: "http://www.lawhelp.org/documents/1400310220EN.pdf?stateabbrev=/WA/" This is for the State of Washington, Google your county and/or state civil court website to find the Exceptions form for your State and file it as soon as possible.

May I ask why you don't file for Bankruptcy and be done with it?

i owed money on an old credit card i was server with a default judgement and they froze my bank account we went to court took 3 months to get there meanwhile all my monthly funds are tied up the judge ordered my account to be released so i could access my funds a week later they froze it again i went to the bank with the court orders but they told me they could not help me so now i waiting again to get back into court