Being sued- disabled

[alankhart]

What is the name of your state? TN

I have been disabled on SSI since 1997. I am being sued for a credit card debt . I believe I am 'Judgement Proof' but I'm not sure, and I don't really know how to proceed.

[weenor]

Originally Posted by alankhart

What is the name of your state? TN

I have been disabled on SSI since 1997. I am being sued for a credit card debt . I believe I am 'Judgement Proof' but I'm not sure, and I don't really know how to proceed.

Only if you have NO assets

[Mr.Bill]

Originally Posted by alankhart

What is the name of your state? TN

I have been disabled on SSI since 1997. I am being sued for a credit card debt . I believe I am 'Judgement Proof' but I'm not sure, and I don't really know how to proceed.

The only person who is judgement proof is a homeless person who walks the streets with his belongings in a shoping cart.

Even if you have no assets, you can still be sued. Then the judgement will become a matter of public record and be listed on your credit report for 10 years. Once that's done - you can kiss any new credit goodbye until you pay up on your debts!

Being "judgment proof" is not a defense.

[Ladynred]

Then the judgement will become a matter of public record and be listed on your credit report for 10 years.

Uhh.. no.. probably not. All 3 CRAs will drop off a judgment after the normal 7 year reporting period. While it CAN stay on for the life of the unpaid judgment, they rarely do.

Your income is exempt, yes, but that will not stop the judgment creditor from draining your bank account .. and then YOU will have to prove to the court that the funds are EXEMPT and hope you'll get it back in a decent amount of time.

Just as an FYI...
In TN the court allows a "Motion for Slow Pay" on judgments - which means paying a judgment in payments thru the court. The court examines your financial statement and determines what you pay.

[alankhart]

How can they drain my bank account if the only monies I have are from my SSI check? I have no assets- no house, no car, no savings acct., just a checking acct. where my SSI check is deposited.

[Betty]

Creditors do go after bank accounts & drain them & then the person has to prove in court that the only income they had in their bank acct. was income exempt from creditors (in your case your SSI) & wait to get the money back.

[alankhart]

Sounds like I would wise to try to prove that point to the judge at the first court date. I could take my SSI statement and copies of my bank statements showing the only money being deposited into that account is my SSI. I sent a letter to the lawyer for the credit company explaining my physical and financial condition respectfully asking them to drop the suit.

[Ladynred]

Unfortunately they don't care what you wrote, and they likely have the attitude that you're lying about it anyway - -they ALL think that way. Their only thought is 'you owe money'.

I would definitely take proof to court that your only income is SSI and that is ALL that you have. May not stop the judgment though, depends on the judge.

[alankhart]

I spoke with a lawyer who used to represent the credit companies in these types of suits. She said first, they don't expect that I will even show up, so I should show up and explain my situation. She said under the circumstances, even if they get a judgement, they can't make me pay. She said writing the letter was good because they only take these cases to get the attorneys fees, and if they don't think they will be able to get anything from me, they may drop the case. I hope she's right.