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How do I file judgment-proof?

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 a more accurate term would be “execution-proof”! Although creditors and debt collectors win lawsuits, they still have to collect thus, if you are penniless you are insulated not from judgment but from execution (collection of the debt – at least temporarily). If you lose your “judgment proof” status due to new employment, the creditor or collector can seek a judgment and ask for a garnishment of wages up to 25% of your disposable income (in some states it’s less). Once you’re employed again, it’s better to negotiate a reduced payoff rather than risk a court-ordered judgment. The difference is your credit report will show “debt settled” instead of the more negative “judgment”!

confidential informationThere may be instances where discussing your situation over a public forum could potentially compromise your interests. On these occasions we will contact you directly via email in order to answer your inquiry in a confidential manner.

6 comments

  1. I am trying to refinance my house and the title company said that there was a lien on my home. It is for my wife and she has refused to pay it. She was never notified of the judgement nor was I. We split up 2 years ago and it happened during that time so I don’t even know what the judgement was for. She signed that she did not want any of the proceeds but wants it out of her name for debt ratio reasons. Is it possible that the judgement was done without summoning us to appear in court, and if so is this legal? Would i be able to refinance or sell my home and pay her debt with the money I receive from a sell of the house. Also I don’t know what the interest is or who to call to try and talk to them about the debt, or if they will even talk to me about the debt because its hers.

  2. I recently had a judgement ordered against me for wage garnishment, on an old credit card debt. I did not show for the court hearing because it was in another county and the court order stated that I didnt need to appear if I didnt contest the garnishment. The credit card debt was from 2008 and the SOL in my state is 6 yrs. I also make way below the$217.50 per week, as I only work part-time and am on disability. Do I have means to dispute the judgement?

  3. A old landlord is garnishing my husbands wages he brings home 393.00 a week after taxes the courts are taking out 92.00 a wk leaving us with only 301.00 a wk now from his paycheck over a debt that is 8-yrs-old I collect disability and we are below poverty level and have 6 kids to take care of are they aloud to take this much??

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