Hello,
I am being sued over a 2 yr. old credit card debt and because I am disabled, I can't really stop the judgement for financial reasons. I can delay it a little while with a dismissal because they don't have all the correct paperwork, but because my social security settlement won't be in until at least May or later (hopefully), I am pretty sure a judgement will happen. My question is this... I rent, so I know they can't put a lien on that and don't have a bank account. How can you find out which states will sell your personal property in a sheriff's sale to pay for the judgement? I have a car that's worth around 3000 private party and enough furniture for a 1 bedroom apt. so I really have very little. I've been told before that I'm judgement proof, but I've gotten conflicting information over that. From what I can figure out, I might be judgement proof, but as soon as I work or get the Social security settlement, they can seize it out of there or garnish wages. I wish I could do a settlement, but it's really out of the question until I receive my settlement or am able to start working again (hopefully 6 months.-1yr.), but who knows.
I'm mainly concerned about the sheriff sale question. Or at least someone pointing me in the right direction would be very helpful. Oh and the amount they're suing for is $882, plus court costs.
Thanks!

This is an excerpt from Fair Debt Collection.com regarding your question:

Judgment Proof:
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!

Never ignore a lawsuit or court appearance notice just because you are broke or have no assets! If a debt collector or creditor is trying to sue and you believe that you are judgment proof, you must respond to the lawsuit as such. Failure to appear and show the judge why you are judgment proof opens the door for the judge to grant the collector a Default Judgements. Even though they cannot collect anything from you now, they can wait many years and try again. Also, the judgment will show up on your credit report.

Special Note: 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"!

Quote:

---

Originally Posted by swttrbleone

Hello,
I am being sued over a 2 yr. old credit card debt and because I am disabled, I can't really stop the judgement for financial reasons. I can delay it a little while with a dismissal because they don't have all the correct paperwork, but because my social security settlement won't be in until at least May or later (hopefully), I am pretty sure a judgement will happen. My question is this....I rent, so I know they can't put a lien on that and don't have a bank account. How can you find out which states will sell your personal property in a sheriff's sale to pay for the judgement? I have a car that's worth around 3000 private party and enough furniture for a 1 bedroom apt., so I really have very little. I've been told before that I'm judgement proof, but I've gotten conflicting information over that. From what I can figure out, I might be judgement proof, but as soon as I work or get the Social security settlement, they can seize it out of there or garnish wages. I wish I could do a settlement, but it's really out of the question until I recieve my settlement or am able to start working again (hopefully 6 mos.-1yr.), but who knows.
I'm mainly concerned about the sheriff sale question. Or at least someone pointing me in the right direction would be very helpful. Oh and the amount they're suing for is $882, plus court costs.
Thanks!

---

So the best thing to do is tell them (the court) that I am going to be answering the lawsuit with proof that I'm judgement proof? My hearing for social security is in a couple weeks so it may happen around the same time as this lawsuit, but from what I understand the judge doesn't make the decision then. It can take a while. Thank you for your help. I appreciate it so much!

Hello s:

"Judgment proof" isn't a legal term and it isn't a valid defense. The judge could care less that you're broke and can't pay. All he cares about is whether you owe the money or not. If so, he's going to issue a judgment. Period.

The plaintiff, however, IS interested in the fact that he won't collect even though he can win. HE'S the guy you want to let know that you're judgment proof. IF you can convince HIM, then he won't even sue you.

excon

The law firm that is suing me is Wolpoff and Abramson. From what I've read about them, they're not real willing to listen and will strip what they can from you to pay your bill. I misunderstood the judgement proof term. I'm just really confused about what to do. I guess it's worth a shot to contact them and offer proof that I have nothing and I can even send a copy of my SS hearing date? I don't know how else I could prove it. I don't want to give them too much information in case they try to use it against me. Thank you for the information about judgement proof. I appreciate it!

$ 882.00. Offer installments that you can afford, it could in months