You don’t actually file a judgment proof status. You may be considered “Judgment Proof” during periods of unemployment or while drawing disability pay or disability retired pay. Also, if you have no assets such as home, car, land, and other big-ticket items. In other words, you have no money and can prove it! Judgment-proof is the commonly used term but ...Read More »
If a judgment is in my name only, can the plaintiff or court change it so the plaintiff can collect from my wife or any of my children?
If the only reason for requesting an amendment is to collect from someone other than you then the answer is no. In order to change (amend the judgment), the plaintiff would need to prove that your wife or children were a party to the issue. There may be instances where discussing your situation over a public forum could potentially compromise ...Read More »
What legal means can a plaintiff use to obtain proof of my assets (cars, boat, jobs, etc.) in a small claims judgment?
Once a judgment is obtained, the judgment-creditor can garnish wages or levy bank accounts, but the creditor must know your employer and other information about you to perfect these remedies. To gather this info, the court can order a “debtors exam.” During this process, debtors are asked personal questions (that the debtor must truthfully answer) about the existence and location ...Read More »
The proper term is Court Judgment. A court judgment is the final decisive act of a court in defining the rights of the parties. It includes a decree and any order from which an appeal lies. Other terms commonly used include, default judgment, civil judgment, foreign judgment, and judgment proof. There may be instances where discussing your situation over a ...Read More »
Judgment-proof is the commonly used term but a more accurate term would be “execution-proof”! Although creditors and debt collectors win lawsuits, they still have to collect from you, but if you are penniless then you are at least temporarily insulated not from judgment but from execution of the judgment (the collection of the debt) You may be considered “Judgment Proof” ...Read More »
The term “default” refers to a “failure to act” and the term “judgment” (often misspelled as judgement) means the “final disposition in a legal proceeding”. When dealing with credit and debt collection issues, default judgments are typically granted because the debtor fails to act; usually by not paying a debt and then by failing to show up in court. When ...Read More »
If you receive a notice that a default judgment has been issued against you and you were not aware of the court date, immediately go to the court and request copies of all the paperwork. Look for mistakes and misinformation, especially on when and how you were notified. If you believe you were not given “due process” then you can ...Read More »
All states have their own rules for adding interest to judgments. Sometimes called statutory charges, because the amount of interest is set by law. Typically, interest begins to accrue from the date the judgment is rendered until the judgment is paid in full. Use this Garnishment Laws and Procedures link to learn what about your State’s interest rate on judgments. ...Read More »
Arbitration is an alternative to legal actions and can be instrumental in preventing the award of a money judgment!
The term “arbitration” refers to a method of dispute resolution involving a neutral third party. In contrast, the term “mediator” refers to someone who merely tries to help two disputing parties reach a mutually agreeable solution. So what’s the difference? Arbitration is legally binding while mediation is not! Arbitration is becoming very popular as a means to resolve debt disputes ...Read More »