Judgement proof?

The term "judgment proof" is a misnomer.
A judgment can be awarded to a creditor even though you have nothing to garnish or levy.
Your roommate's income cannot be garnished for your debt.

How much of my income can they take. I only make about $200 a month. I am in NY.

I have found the following information from answer.com: -



I am not quite sure whether you come under Judgment proof.

I don't think that your live-in partner's income will get any-how affected due to your judgment proof because he is not your spouse. I am not 100% sure about this. Other members may help you more. If I am incorrect, please correct me.

Here are NY exemptions:

In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding.
Under Chptr. 8, Art. 52, Sec. 5206 of the New York State Consolidated Laws, property of one of the following types, not exceeding ten thousand dollars in value above liens and encumbrances, owned and occupied as a principal residence, is exempt from application to the satisfaction of a money judgment, unless the judgment was recovered wholly for the purchase price thereof:
1. a lot of land with a dwelling thereon,
2. shares of stock in a cooperative apartment corporation,
3. units of a condominium apartment, or
4. a mobile home.
Some of the personal property exemption which may be claimed by a debtor may include all stoves kept for use in the judgment debtor's dwelling house and necessary fuel therefor for sixty days; one sewing machine with its appurtenances; the family bible, family pictures, and school books used by the judgment debtor or in the family; and other books, not exceeding fifty dollars in value, kept and used as part of the family or judgment debtor's library; a seat or pew occupied by the judgment debtor or the family in a place of public worship; domestic animals with the necessary food for those animals for sixty days, provided that the total value of such animals and food does not exceed four hundred fifty dollars; all necessary food actually provided for the use of the judgment debtor or his family for sixty days; all wearing apparel, household furniture, one mechanical, gas or electric refrigerator, one radio receiver, one television set, crockery, tableware and cooking utensils necessary for the judgment debtor and the family; a wedding ring; a watch not exceeding thirty-five dollars in value; and necessary working tools and implements, including those of a mechanic, farm machinery, team, professional instruments, furniture and library, not exceeding six hundred dollars in value, together with the necessary food for the team for sixty days, provided, however, that the articles specified in this paragraph are necessary to the carrying on of the judgment debtor's profession or calling. In addition, a judgment debtor may also be entitled to exemption, to the extent allowed under the statute, certain portions of income, trust, security deposits, insurance policy, New York state college choice tuition savings program trust funds, award in a matrimonial action, and retirement plan funds. (Chptr. 8, Art. 52, Sec. 5205, New York Consolidated Laws.)
In accordance with the provisions of 11 U.S.C. Sec. 522(b), debtors domiciled in the State of New York are not authorized to exempt from the estate property that is specified under subsection (d) of such section. (Chptr. 12, Art. 10-A, Sec. 284, New York State Consolidated Laws.)

A judgment can still be entered from what I understand but it cannot be enforced. In some states like mine, a judgment is good for 20 years. If 19 years down the road you suddenly go back to work then they can start a wage garnishment or have the judgment enforced.

If the courts set up a payment hearing, you must attend and provide proof you are income exempt, otherwise you can get a bench warrant.

Thanks for all the info. Still confused by the state laws. The debt is for almost $3000 and the place we live in is actually owned by his father.