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-   -   Judgement Proof Letter (https://www.askmehelpdesk.com/showthread.php?t=748491)

  • May 11, 2013, 05:33 PM
    maggiesdaughter
    Judgement Proof Letter
    Accident.September 2009.The front left lense, not the headlight bulb, was broken while backing out of a parking space less than 10 feet from my apartment; occurred on private property parking lot. I have judgment from an auto insurance company initially, stated I owed $1,400.00 for damages to their issurers vehicle. Police report clearly stated extensive damages were present prior to collision of insurers vehicle.Six weeks later I receive a letter from the auto insurance company stating I owed over $14,000.00+ in damages, insurance company 'totalled' the vehicle), hospital bills for both occupants of the vehicle at time of accident. Knowing this was a 'fraudulent' claim on part of the insurer, I contacted the auto insurance company. I refused to pay more than the initial $1400.00. The local attorneys representing the auto insurance company filed judgement in court. I received the court date notification the afternoon of the court date. The court judgement for me to pay the attorney representing state farm auto insurance the total $14,000.00+and there was nothing I can do to reenter this case into court. A bankruptcy attorney informed me of being Judgement Proof as I am a senior over 65 and was on disability at time of accident.
  • May 11, 2013, 05:37 PM
    ScottGem
    So what is your question? If you have no assets, then you are judgment proof. But you need to make sure your bank is aware that your only income is from exempt sources.
  • May 11, 2013, 05:49 PM
    maggiesdaughter
    Maggiesdaughter
    I do not have a bank account. I have a debit card issued by Social Security Adm.for my SSI benefits to be deposited monthly. I receive $710.00 a month. In Ohio, am I judgement Proof?
  • May 11, 2013, 05:52 PM
    AK lawyer
    Quote:

    accident.September 2009.The front left lense, not the headlight bulb, was broken while backing out of a parking space...
    You were backing out of a parking space? And the headlight of your car was broken? Doesn't make sense. The rear light would have been broken if you were backing out.

    Or was it the other vehicle which sustained a broken light?

    Quote:

    ... damages to their issurers vehicle.. .
    FYI, the "insurer" is the insurance company. I assume you mean the Insured vehicle.

    Quote:

    ... I refused to pay more than the initial $1400.00.. .
    Who initially said $1,400? Looks like a typo. To me.

    Quote:

    ... I received the court date notification the afternoon of the court date.. .
    Were you properly served with process and given several weeks to file an answer? Did you?
    What sort of a hearing was this "court date"? Was it a small claims case?
    Did the judge know that you were not properly notified of the hearing?

    ...A bankruptcy attorney informed me of being Judgement Proof as I am a senior over 65 and was on disability at time of accident. ...

    As ScottGem has already told you, "judgment proof" is simply a conclusion that the judgment creditor will probably not be able to collect on the judgment because you have no non-exempt assets. Thus, I am guessing, the bankruptcy attorney advised you that there is no need to file bankruptcy.
  • May 11, 2013, 05:55 PM
    AK lawyer
    Quote:

    Originally Posted by maggiesdaughter
    I do not have a bank account. I have a debit card issued by Social Security Adm.for my SSI benefits to be deposited monthly. I receive $710.00 a month. In Ohio, am I judgement Proof?

    Do you own any assets?
  • May 11, 2013, 06:03 PM
    Fr_Chuck
    No one is "judgement proof" but if you have nothing, there is nothing they can get.

    1. you can file in court asking the judgement be over turned due to improper notice given.
    2. you can stop listening to what their attorneys or their insurance company says.
    3. just deal with it in court,
    4, get old judgement over turned, and ask for proof of debt in court
  • May 12, 2013, 05:52 AM
    AK lawyer
    Quote:

    Originally Posted by Fr_Chuck View Post
    no one is "judgement proof" but if you have nothing, there is nothing they can get....

    Actually ,that's exactly what "judgment proof" means: having nothing the judgment creditor can get.
  • May 12, 2013, 02:52 PM
    mr.yet
    It is always best to keep a disposal camera in your vehicle to take pictures of both vehicle in case of an accident. Always take pictures that day.

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