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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”!

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8 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??

  4. big_cwarf@yahoo .com

    need a attorney that can just guild me and
    ill file the correct pappers or do what ever needs to be
    done ihave the time and just not the resorces

    What are the statue of limitations by state on credit card debt? because the
    judgement was on2/27/2012 4year 6 months later never served and never knew they told me the have ten years after the fact
    can i file form to make them negotiate i was notified by my
    bank that there was a levy 3000 was the original they got it moved up to 9500 now its 14500 that is unfair and not legal they never served me i wasn’t notified they took half of my inheritance i am disable heart surgery ssi is my income i have
    all the time i just need to be told witch forms to file ill can do all the work that need to be done i really want get this snake
    i would give 8.000 id at this point split what ever we can recover with the attorney my last question if i was to stop this judgement and demand they show prof and say i lost could i be on the hook for more than the 14500

  5. Hi, this is Vicki and me and my friend just recently moved out of a room that is owned by John Kichman at 23 Acri Meadow Road, Enola, PA. 17025. He threatened us back in December with wage garnishment and bank account garnishment. He did not get the judgement until around the beginning of January. I know that he not aloud to threaten us like that. And I am not on the lease. And my friend never had a lease. He lied about everything at the hearing. He tried to say the monthly rent was 800.00 and there is an add on craigslist that says 440.00 per month. And there is also a reply on craigslist that is not very nice. I think it was somebody that recently looked at the rooms. I don’t even know if the place even belongs to him because his brother did own it and I think he might own it. The place shouldn’t even be rentable because there is mold throughout the house and the water smells like sewer or rotten eggs. There was a single bed in our room that had mold on it that we discovered right before we moved out recently. Thank goodness we had our own bed. But we were so sick for a couple of weeks and we have never been so sick in our whole life and we are 57 & 58 years old. I am pretty sure that the mold had contributed to us being so sick. Some of my days off were no paid because I didn’t have enough time saved and my friend wound up in the hospital and he wound up losing his job. And the judge we went in front of he had changed because the other judge he went in front of before, he lost the case for a judgement and he figured he would lose again. He is in the jurisdiction of judge Docherty so how can he change it like that? He is a snitch for the police so he gets away with everything. The way I see it he owes us money instead of us owing him money. Please contact me through email because I work third shift and its hard to get a hold of me. At least I will know weather to call you or not. I would like to know if we have a case? Please contact me through email as soon as you can. Thank You. Vicki

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