Can I possibly collect from this person?

[cbg]

I stand by my responses.

 

[The Grinder]

But you have admitted she is judgement proof. It will cost you more money to get a judgment you have very little chance of collecting.

Does she know that? maybe....maybe not. I just sent her a text stating Sept 17 is when this goes into hands of a collector unless we work out payments
We'll see, diplomacy hasn't worked very well w her, she may respond more favorably to hard ball

 

[PayrollHRGuy]

Being judgement proof isn't a matter of her knowing it or not it is a state of being.

 

[cbg]

Yup, I definitely stand by my answer.

 

[The Grinder]

Being judgement proof isn't a matter of her knowing it or not it is a state of being.

I'm just going by what the collection agency has told me, let em take a shot at it. May the cards fall as they may

 

[The Grinder]

So how does all this work, how does either an attorney, a collector or whoever know when a defendant is on Gov assistance? Surely cant come out in court can it? I would think the aforementioned would want to know all that before proceding in court

 

[PayrollHRGuy]

You are getting ahead of yourself. When you sue you either win or lose based on the merits of the case. If you win you then have a judgment against the person. It is when you try to collect on the judgment that you will find she is judgment proof.

 

[The Grinder]

OK I see. My collector said they wouldnt pursue action if she were on assistance. I assume to avoid paying up front costs associated w small claims. How would the collection agency know the status before going to court? Crystal ball ?

 

[PayrollHRGuy]

Probably by you telling them or a credit check.

 

[Zigner]

Therapy...really

 

[The Grinder]

Probably by you telling them or a credit check.

well I kind of spilled the beans when I talked to them LOL, but a credit report reveals gov help?

 

[LdiJ]

well I kind of spilled the beans when I talked to them LOL, but a credit report reveals gov help?

Sure does. Maybe it would be more helpful to tell you what you cannot touch.

$371.25 in weekly wages, and 85% of the wages over that amount.
$4000.00 wildcard to be put towards any assets.
$2400.00 equity in a car (wildcard can go towards a greater amount)
15k Home equity
$1500.00 professional equipment
Money in IRAs, 401ks or any other retirement plan

If she is collecting state aid, then there is almost no chance that she has any assets you can go after. That is what makes her judgment proof. That is why a collection agency won't even try to collect if she is on state aid because they would be wasting their time and money.

 

[The Grinder]

Thanks for encapsulating this, huge help.

I'll put it in the collectors hands, if they want to pursue this

I know I have many other ( links removed) and every so often one of them wants to buy a house or a car and of course they have to rectify what they owe and presto, I get a check for a good amt

One never knows....