I have a pending judgement from a CC company. I have no real assests and only receive Social Security. I have no Car, Home or anything of real value. My accounts total only about $2000.00. I assume that the judgement will happen as my only defense is the inablity to pay. And they don't really consider that anyway. Once the judgement is on place
what happens? I live in NY state. Am I sort of "Judgement proof"? Being that Social security is my only means of survival and my assests are nothing? When I did have some money a couple of years ago, I gifted it to my son because he is taking care of me. He has used the money for his own purpose and takes good care of me in return. Can they go after him for the money I used to have? It was about 2 years ago that I gave it to him.

Is it already a judgment or have you received a summons? No one is judgment proof unfortunately but I do understand your social security is exempt from attachment - and why would you tell a creditor or debt collector that you even gave your son any money - I don't think that would even be an issue since it was a couple of years ago and it was a perfectly legal gift. I wouldn't even bring it up, it is history. I wish you the best.

Thanks for the response. The judgement is due to be heard in the court in about 30 days. I already answered to the complaint but their response is that the inability to pay is not a defense, So I fugure they will most likey get the judgement. NO I would never tell them about any money I used to have or Gifted. I just wanted to know what they could actually do with the judgement being that I have nothing of value and no property real or otherwise. It seems like a big waste of time for everyone. I am 76 and of very ill health.
I have nothing that anyone would want.

I am not sure of court procedures, but what kind of response and from whom did you get saying inability to pay is insufficient? Call your court clerk and ask if you can amend your answer - then come back to this site and find the samples for answers if you can amend - if the court date is 30 days then you might have some time. You need to have proof that the only money that goes into your bank account is from social security - it is exempt from attachment. There are a lot of things you could have addressed in your answer along with affirmative defenses. I feel for you - please contact your court and see if you can submit an amended answer. What kind of answer did you file? Is the plaintiff the original credit card or a debt collector - lots of things to consider. I hope someone else from this board will assist too - I am kind of new at this myself.

jsales99 writes: "My accounts total only about $2000.00." I didn't understand whether this is the amount your owe, or the amount you own in a bank or banks.
Judgement proof means: "A judgment-proof individual has no money or property within the jurisdiction of the court to satisfy the judgment or is protected by wage laws that exempt salaries and property from formal judicial process."
The pertinent question is whether you owed this creditor who is suing you anything when you made the gift? And whether you made the gift to hide your assets from this creditor?

Hello j:

If you leave your $2 grand in the bank, they'll take it. Beyond that, I think you're pretty darn judgmentproof.

excon

Yes, I believe excon is right let them have judgement

Thanks for the information, The $2000 is my social security that gets deposited into my savings acount . THe total amount of the judgement sought is $12,000. I was up to date on all of my payments at the time that I gifted the funds. My health began to fail and my family was paying my bills, until it got to be too much for them to handle. I am also moving to another state to a assisted living facility. If I am moved in before the judgement is in force, do they start it all over again in another state? Should I just not mention I am moving? Thank you everyone for you help..

Hello j:

You don't need to help 'em. Just protect your funds and let do what they're going to do.

excon

Your creditor(s) could follow you; I wouldn't leave a forwarding address with the post office, and tell whomever you reside with now not to give out your new address to anyone who calls or knocks at the door.