Judgement proof?

[harryc]

What is the name of your state? PA. I' m on disability and just had someone get a judgement against me for an amount that I can't possibly pay. I also have some old credit card debts that I'm constantly getting harassed about. I'm thinking about filing for bankruptcy because I can't afford to pay these people and I know the person who got the judgement against me will force me to have a sheriffs sale. The problem with that is nothing in the house belongs to me. All of the furniture and just about everything else belonged to my wife long before she met me and she is not included in the judgement. I only get 600.00 a month from SSI and SSDI which goes direct deposit and I'm worried about him taking that too. We need that money for bills and can't afford for him to take it. I do have some personal belongings but nothing that's really worth anything, probably about 500.00 total. My wife works and I'm also wondering if he can somehow take the money from her check even though she is in no way involved in this. Any advice you can give would be greatly appreciated, I really can't afford a lawyer. I was also wondering what "judgement proof" means and if it might apply to me.

 

[Ladynred]

I'd say your pretty close to 'judgment proof'.

What makes you think this person can force a Sheriff's sale ?? Unless you have NON-exempt assets, they can't force the sale of anything, so you must make sure you claim your exemptions and get them filed with the court.

Your wife's things can NOT be touched, and they certainly cannot touch her bank account as long as YOUR name isn't on it. Wages cannot be garnished in PA, so they're out of luck there too.

Your SS and SSDI is also exempt, and since its automatically deposited, its farily easy to prove the source of the funds and the exemption. They could still attach the account, but with proof that the funds are 100% exempt, they won't be able to keep it.

How old are these other debts you speak of ?? When did you last pay the ORIGINAL creditors ??

 

[anabanana]

The bankruptcy code was intended to protect people like you, not skips who just want to slither out from under their bills. Even without knowing a thing about the judgment or why he got it, it's pretty clear you aren't someone living high off the hog at the expense of your creditors.

But I recommend that if you choose to file bankruptcy, you find some way to scrounge up the downpayment for a lawyer's fee. The balance can be worked into the bankruptcy plan, but you might just not be up for the headache that filing your own bankruptcy can be.

Good luck to you.

 

[harryc]

Pa. Thank you both for replying. The judgement was for a car that I returned because of the condition I found out it was in. The used car salesman and his mechanic both lied in court and got away with it even though I had proof he lied on his statement about one thing at least, my wife was going to make the payments on it for me but she never signed anything or even met the man. Without going into a lot of detail I was stuck with what you would call a lemon if it was a new car and was'nt told about the problems when I bought it which totaled almost 3 thousand dollars in repairs to the motor and suspension (no way I could afford this), I was told it was in perfect condition and it needed nothing by the salesman but I found out it was just doctored up to make it look like the motor was rebuilt. His mechanic had the car for 2 weeks (I took it back 4 times) and I drove it for around a week before I found out it was'nt even safe to drive from another mechanic. I could'nt even get it inspected it was in such bad shape so I'm glad I kept my 100.00 hoopde or we would be without a vehicle right now.
I have'nt paid on the credit cards (2 of them) for around 2 years, after the accident I called both of them and told them the situation and told them I was only going to be able to send them 20.00 a month. They said that would be fine but they would be adding a 30.00 over the credit limit fee everytime I paid even if I canceled the cards which means I would have been paying for nothing.
My wife just got a pretty good job and it looks like we just might be able to get the bills caught up and her credit cards paid off within the next few months (her payments are'nt behind or anything), I just don't want to see her suffer because I was stupid enough to get suckered by a used car salesman. The legal aid office here opens in 30 minutes so I'm going to call them to see if any help is available. I'm sure I can at least come up with money for the filing fees but lawyers are expensive.