Judgment proof

[Joe Baxter]

What is the name of your state? California
´ve been sued for a credit card debt and got a summons.
Did not attend court and got a default judgment.
I am judgment proof because I do not have any assets.
Do I have to go to court if they send me a subpoena, or just answer it by mail?
Thank you very much for your help

[pojo2]

Repeat Post!!!!!!!!!!

[I AM ALWAYS LIABLE]

[url]http://forum.freeadvice.com/showthread.php?t=273103[/url]

[Cheri9]

Why would they send you a summon?? If you didn't appear in court, the creditor probably got a Default Judgment. Although you says you have no
asset now, its possible you will in the further. Also, the creditor can use the default judgment to attach you bank accounts, vehicles, paycheck (if you are a w-2 employee), and real estate, etc that you accquire now or in the further. Also, I'm not sure what the SOL in your state, but in FL a judgment
is good for about 20 years. That's a while for you to lay in the cut and wait for you to acquire a job, or assets that they can attach.

QUOTE: Ignoring the problem in most cases, won't make it disappear!!

[Joe Baxter]

[quote=Cheri9]Why would they send you a summon?? If you didn't appear in court, the creditor probably got a Default Judgment. Although you says you have no
asset now, its possible you will in the further. Also, the creditor can use the default judgment to attach you bank accounts, vehicles, paycheck (if you are a w-2 employee), and real estate, etc that you accquire now or in the further. Also, I'm not sure what the SOL in your state, but in FL a judgment
is good for about 20 years. That's a while for you to lay in the cut and wait for you to acquire a job, or assets that they can attach.

QUOTE: Ignoring the problem in most cases, won't make it disappear!!

My question is if I have to go to court once I´ve got a default judgement because I am "judgement proof", do not own any assets and no source of income

[Cheri9]

[url]http://forum.freeadvice.com/showthread.php?t=273104&goto=newpost[/url]

To answer your question. Yes, you should appear appear if you are summoned to prevent contempt of court ccharges - which won't help your siituation any. I you are summoned the plaintiff/court is trying to establish
collectibility.

Being "judgment proof" does not stop the courts from issuing a judgment in favor of your plaintiff, not does it prevent the plaintiff from attempting to collect on it. (Go back and re-read my first post). If the plaintiff has a default
judgment against you, it is still good and he can utilize it to every extent of the law to collect from you. As long as it is outstanding it is also accruing interest. So if you are summoned into court you must go regardless of your claim of "judgment proof."

Sometimes the term "judgment proof" is merely a figure of speech. Meanings that the person thinks they are judgment proof and has nothing for the creditor to collect, but the creditors find something. Also, most people don't stay judgment proof (in the sense of not having assets) all their lives, I know I couldn't.

QUOTE: "The borrower is servant to the lender."

[Joe Baxter]

Originally Posted by Cheri9

[url]http://forum.freeadvice.com/showthread.php?t=273104&goto=newpost[/url]

To answer your question. Yes, you should appear appear if you are summoned to prevent contempt of court ccharges - which won't help your siituation any. I you are summoned the plaintiff/court is trying to establish
collectibility.

Being "judgment proof" does not stop the courts from issuing a judgment in favor of your plaintiff, not does it prevent the plaintiff from attempting to collect on it. (Go back and re-read my first post). If the plaintiff has a default
judgment against you, it is still good and he can utilize it to every extent of the law to collect from you. As long as it is outstanding it is also accruing interest. So if you are summoned into court you must go regardless of your claim of "judgment proof."

Sometimes the term "judgment proof" is merely a figure of speech. Meanings that the person thinks they are judgment proof and has nothing for the creditor to collect, but the creditors find something. Also, most people don't stay judgment proof (in the sense of not having assets) all their lives, I know I couldn't.

QUOTE: "The borrower is servant to the lender."

I just want to know if I can answer the asset questions via certified mail