Judgement proof questions

Honestly if you are on disability and you don't forsee any changes being made then what's on your credit report doesn't really hurt you. I mean you don't need credit for anything especially with an income of 300 a month.

A judgement can be gained against you however since they are unable to garnish a disability check you should be ok unless you own property or high valued assets.

They can't garnish your disability check, BUT if they get a judgement against you they can freeze your bank account until you prove that it is from disability. Have your Check sent to a PO Box.

Oh I own nothing and have no bank account. What I want to do is seeing as they filed in court if I declare bankruptcy, does it get thrown out of court?

It will likely be dismissed or a judgement will be granted then dismissed though bankrupcy.

A lawsuit would likely get discharged in a bankruptcy, unless they have a valid reason to object.

But if you're judgement proof, why pay all that money to go bankrupt?

Well I was told that a judgment was good for 20 years and I do plan on going back to work in a few years or less. They can get a judgment on me they just can't collect. If I go back to work, they can start to collect on it. Thats the only reason why I thought of bankruptcy, my credit is crap now anyway so I will just start off fresh.

Judgments can renewed indefinitely. If you have small amounts of credit card debt, it is unlikely they will sue you.

edited by FYI. Don't pay this post or poster any attention

Is there any value to utilizing a debit counseling agency for seniors/disabled when I am judgement proof as only income is SSDI
If not, what are advantages to retaining such an agency
Thank you

i have credit card debt, i am not working my bank account is
overdrawn, i don't own anything. how do i be declared judgement proof?

Being "judgement proof" is not something that you can actually declare and it is not formally recognized by the court.

A creditor can still sue and obtain judgement against you for the balance owed. Being "judgement proof" just means the creditor really cannot do anything to enforce/collect on the judgment. IE 1) you are not working, so they would be unsuccessful in garnishing your wages; 2) if you have no money in your bank account, and they filed for a 3rd party citation to seize your bank account, then the citation would be returned unfulfilled by the bank because there's no funds to seize.

However, at some point in the future if you become employed or have sufficient funds in your bank account, then you wouldn't be judgement proof anymore, and the creditor could then go in for garnishment/attachment.

This is what confuses me. I live in NYC. I am disabled and on Social Security Disability. The lawsuit had no merit, but I am still going to court to fight this. I don't want a judgement against me in case I have to move and people don't want renters with judgements against them.

I know they can't collect on any judgements because I AM on SSD. What confuses me is that I read on this thread that they CAN FREEZE MY BANK ACCOUNT but then I have to go and show proof that I am on Social Security.

Is this true? And if so, WHERE DOES ONE GO AND SHOW PROOF to get their bank accounts unfrozen?

Thanks to anyone who can clear this up.

I am trying to get this lawsuit dismissed WITH prejudice which means they can't re-sue me. So far I have won the traverse and they have filed a Notice of Discontinuance. All this means is that they can still re-sue me.

So if anyone can clear up my questions on freezing the social security direct deposit bank account (if I do indeed ever get a judgement), this is what I need to know. The people at the bank told me that when a plaintiff gets a judgement they send out letters to all the banks in the defendant's area and they ask if the person has an active bank account. I then said "what do you do when they do this?" She said "well, we look up your name and we tell them, THIS PERSON IS ON SOCIAL SECURITY"

See, how confusing this all is?

I live in NYC if that helps any

liz

I am on SSD so I can answer this one. While they can take money out of your account if it is from exempt incomes, if they do it will be returned to you if you bring it up to either them, the bank or if you sue them.

All you have to do is get a paper notorized showing you are on SSD and send it CMRRR to whoever is suing you. If a judgment is entered and they take money from your bank account then you can demand the money back telling them you have sent a notorized letter that you are on SS and if they still refuse, SUE THEM!!!!

When you sue them, they will most likely pay you and you can also probably have the debt wiped out and your attorney fees paid.

I recently got a judgement couldn't go to court because I wasn't feeling good due to the medications I started taking. Now the lawyer got a judgement against me. I'm on SSDI don't own anything nor have a bank account just a prepaid visa to pay my bills. Is there any way to get this judgement off of my record and can they take any money that is on my prepaid visa?

Unfortunately since you didnt go to court, you are stuck with the judgement. No one is truly judgment proof. The judgment will stay for 10-20 years depending on where you live. Things may change in your life and the judgment will be waiting.

well according to my paperwork i have until september 16th to vacate the judgement.

I was rendered a judgement by default today that is 6 yrs. old. In the whole 6 yrs they have not contacted me and all of the sudden they do. My husband is on SSD with a severe head injury and I'm his caretaker. This is why this unsecured credit card hasn't been paid. I have a joint account with my mother, it's legally her's. It's to be used strictly for funeral arrangements and any unpaid debt she might leave. Since my name is joint on that account can they touch this money? The only other account I have is a joint acct. in mine and my husband name this is where is SSD is deposited and our bills are paid out of?

Have you not appeared before the court for a hearing? How did you get this default judgement against you? Have you not served with a summon?

Quote:

I"m 36 just got on SSI middle of this year,creditor(for loan of 92' mazda truck)(bank sued me in 97' i was un-employed at that time was just told to pay something, there is judgement to stop me from have'n access to my money that i got for Dec. I am going though pain(nerve damage) not able to see a doc or get my refill on meds for the pass 6 days now I have nothen to my name but the cloths on my back, I am depended help for the pain issues i suffer..I had to pay something and borrow money from family to pay the creditor (attorny) to release my account back to me..its been 6 days now and i'm needing to see my doctor and get a refill on my medication was told by the credit attorny that paper work has been started to release my bank account back to me that was thursday afternoon its now tuesday..Is there any legal matter i can do for being blocked from my Dec. SSI check. and go though the days in pain

Go talk to your bank, immediately. Tell them that 100% of the money in your account is from disability, and therefore should be immune to seizure. You may have to prove it to them, but they should release your account.

Call the Dept of Social Services, Dept of Disabilities, or whatever they're called in your state. They should be able to help see that you get your meds refilled.

Then, go see an attorney about dealing with the slime collection lawyer. Find one that deals in consumer affairs or disability rights. Your state agency should be able to provide a list of attorneys.

this happened to someone i know.. it can be straightened out but it's a shame you have to go through this.

You may also consider stopping direct deposit of your SSI check in the account. Since they have a judgement against your account they might be able to take the money out of it. Check if you can have the check directed to you instead of getting it deposited in the bank.

on disability got a civil summons for capital one bank can thay take my $694.00 i get a mouth my rent is $450.00 my light are hight over$100.00 have no cable no int no phone i try to pay fell be hide payment got to hight try to work with then thay said to get a lawer i was poor then i'm poor now and will be when i die dont want to go to jail or go on the street thank you

First off, you will not go to jail or put on the streets..........When was the last time you made a payment and what state are you in?

It is vital that you answer the summons within the time limit your state laws say or they will get a default.......it should say probably 20 days to respond on the summons....It is best to know what state your in and the last time a payment was made before you answer though.

Also seeing as you are on disability and it is for a credit card they CANNOT touch your income, if you have assets that are not exempt, they could take those though.....even though they can get a judgment, they cannot enforce it, judgments are good for up to 20 years and renewable in some states, so if your young, they hope you plan on returning to work....if you stay on disability till the day you die, lol to them as they cannot get a dime from you.

You say that they can not put you in jail, and that is wrong. I am on ssdi, and I was put into Jail a few weeks ago on a Sunday night, on a cash only bond,as i was not let out on a PR bond nor would any bondsoman do a cash only bond for me, so I was locked up.a a debt collector manipulated this. here is what happened. I opend a card in 1998, I can not seem to understand why i can not see when teh last activity is on my credit report? but it is not there, Niether is this debt collectors name, his company's name, it is western acquisitions, in caqse anyone wants to know, period. a judgment was obtained against me in January. the process server inpersonated a police office when he came ot our door, he intimidated me, and roomates ilive with. they contacted my neighbors, my roomates all more than once. then, once they got the judgment, they served me interogatories, Imaild them a cease and disist letter. i did not hear from them again, until.. i was watching Tv in my pajamas( sweats and holy short) and was removed in handcuffs form my home on 8:30 ona Sunday eve. wehat lawyer you gonna call at 8:30 on a Sunday night? tel me? then, i was taken to jail, searched, put in a uniform and locked up wit a drunk girl of about 20 who had been arrested for fighting with cops. good one huh? then, since they posted a cash only bind, a freind came to bail me out the next day. he was told to put money in a cash kiosk, he was not given ANY PAPER WORK with bond coinditions, they treated him as though he was in there on a reg. basis. he paid 189.00 in addition to the 2, 000 plus bail bond. he recieved a bail appearence bnd and they let me out in 5 hours form then, the absolute longest time they could keep me in jail. I was in a part of the worst offenders. I had written this company 2x letting them know i was " judgement" proof and to leave me alonne. what they did was ask the court for a " contempt" citation and then never served THIS< they said they served it " by refusal". they never did. I was out of townthe day they claime to have served it. thus, they askedthe court for a "bench warrent" for me, and then the Police came in two cars and lead me away. I am in my 50;s and a disabled woman. so, don't think that these bottom feeders won't put you in jail, becuase they will find a way. Then they motioned to " apply" the money of my freinds bail to my debit that was under $300.00 over 6 years ago, they bought it you see.. then we motioned bacl to have the bail money released, twice, the court denied these motions. I have another court date coming up. I told the court that i was on ssdi, and live in $800.00 per month, they still de4nied my requests. so? now what does anyone say here? I go to court next week as wil the freind who put up his money. is this leagal extortion? have my civil rights been v iolated? and is there a forum that you can file at teh court house so snakes like this can not get judgements on you, without your knowledge and then start this chain of events? I am not sure where to go from here, as I was told last spring that i was" judgement proof" and that i should not file banktruptsy. I aslo call teh local legal aid over 24 times since teh inception of this incident, as i can not affor a lawyer, and guess what? no return call.. i have no lawyer? any suggestions? can they garnish ssdi, i own nothing, live with roomates and barely get by. please help.

:confused:I posted a post here a few hours ago detailing my experience with a colorado company , and it was removed. i was wondering who has power to remove posts as i know that the colection companies reguarly look at blogs online? anyone?

Must have been a slow night in your town...

I am currently being sued by creditors for over 17,000 in credit card debt. I own nothing. I live with my parents. I have nothing in my name aside from my checking account, which only has 500 bucks in it. I am on SSI and that is the only income I receive. I only have about one more week to do SOMETHING about the court summon I received via certifed mail. I am so confused and in the dark about what I need to to. I don't understand any of it! It's so confusing to me. I don't even know where to begin and feel very overwhelmed.

How do I inform the court system that I am "judgment proof"? Do I call them? There is no TRIAL date on the forms I received in the mail...only a 28 days notice. I have put it off out of stress until now but I am starting to freak out.

What if I decided to file bankruptcy AFTER the judgment was made? What would happen? Would that help at all or would it be too late to resolve? I don't have the funds to file bankruptcy but it seems to be my only option at this point. I just want to know if it's a waste of even trying to do with the 28 day summon date almonst being up.

HELP!!

If you missed filing an answer to the complaint timely, then you are far more hopeless. You can represent yourself in court. I am not an attorney and cannot provide legal advice. But I can tell you what I do. I google the Rules of Civil Procedure for my state. Serve your answer timely within the 28 days on opposing counsel and file in the court, generally required within 3 days thereof. Admit, deny, or state you have insufficient knowledge to respond to each paragraph of complaint. It's really not rocket science. Put in the time and effort and do your best. Best typed but DO get served timely.