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    com4tzone's Avatar
    com4tzone Posts: 1, Reputation: 1
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    #1

    Dec 9, 2015, 11:28 AM
    The credit card judgement has been filed against me in civil court, never had my day
    The credit card judgement has been filed against me in civil court, never had my day in court or given a chance to show I am judgement proof (no money, job, assets). My home has a foreclosure judgement as well, auction date a couple months away. I have a short sale contract ready to be closed today and the credit card judgement is a lien on the property. I am unofficially judgement proof, how do I get this property closed? Is it to late to prove to Judge I am destitute and homeless?
    talaniman's Avatar
    talaniman Posts: 54,010, Reputation: 10852
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    #2

    Dec 9, 2015, 01:52 PM
    Obviously you are not judgement proof and you better TALK to your lien holder, because it's too late to talk to a judge.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,292, Reputation: 7691
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    #3

    Dec 10, 2015, 05:51 AM
    There is no such thing as judgement proof, that is just a "saying" it means that even if they sue, they can't get anything.

    There is nothing in court to show "judgement proof" you can either show you don't owe the money, or they get the judgement. Judgement proof, is a silly term, that means even if they get a judgement, they can not get any money.

    If you have a job, they can get a garnishment on the wages.
    Obviously they put a lien on a house (which is unusual for a credit card company)
    But if if the lien is legal, there is no way to remove it.

    So they may keep their judgement, and their lien, you may ask them to remove it, to allow a short sale, if not, the house lender may just foreclose.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #4

    Dec 10, 2015, 08:27 PM
    never had my day in court
    This is the only part that you may be able to control. If you were never properly served with notice of the suit, then you might be able to get the judgment vacated because of improper service. It's a longshot and only a delaying tactic since, if the debt is valid, they will win a retrial.

    As Chuck noted Judgment Proof is not a legal status. It's a term that means you have no income or assets to attach. But, according to you you have assets, your home. On the other hand, your lender has a primary lien on the property. If it's a short sale, it means you are selling for less than the mortgage balance. So the credit card lien shouldn't matter if the lender agrees to the short sale.

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