Newbie here, advice needed

[dr618]

First, I would like to say I have been lurking here for awhile and I love this forum.

I was at the legal aid office this week, he looked at my situation to see if I was able to file for chapter 7, he said I was able and I was also "sort of" judgment proof. But then he said he would do a chapter 7 for me anyway. My situation is this, my main reason for wanting to file is a judgment against me for an old credit card debt, they have the judgment and will probably enforce very soon. I make about 3-400.oo a month just from my freelance job, that is my only source of income, I am very afraid that they will attach my family 's bank account or possesions, which is what is pushing me to file. But I am also scared to file, I don't know what to do or what is best for me at this point. I am willing to pay this judgment, whatever I can afford, but it doesn't look like this lawfirm and creditor are going to budge. Please advise, any suggestions are appreciated.

[jessegirl]

I believe once you file they cannot put a judgement against you anymore. You become judgement proof. Atleast thats what I think i am sure someone else will chime in.

[dr618]

I know that if I file they can't do anything to me, I'm just wondering if I should file, since they told me I am "judgment proof"

[dr618]

I'm supposed to meet with legal aid again next week to go over all of my paperwork, and this week I'm thinking, I hope I'm doing the right thing or what if I bank out of filing and I regret it.

[epiphany]

I believe once you file they cannot put a judgement against you anymore. You become judgement proof. Atleast thats what I think i am sure someone else will chime in.

That's not exactly the definition of judgment proof. Being judgment proof simply means that even if you have a judment against you, there is no way for the creditor to collect because you have no job, no assets..nothing for them to go after.

However, you are correct, that once a person files, the automatic stay goes into effect and all collection activity must cease, at least until the time the case is closed.... Hopefully it is a happily ever after discharged chapter 7.

To the OP---you have not provided enough information for anyone to give you advice on whether or not you should file. You can start with what you earn, what you owe, whether your family's possessions are in your name, etc..there are so many variables it's hard to tell you exactly what to you need to spill to get the right help but I suggest telling anything that you think is relevant.

It's impossible to say whether it's possible, or even in your best interest, to work something out with your creditor without knowing more about your situation.

Good Luck,
ep

[dr618]

Sorry, Well, let's see. Like I posted, I make around $400 a month, that is my only income and that si from freelance work. I owe somewhere around $8,000 none are secured, including the judgment, they are all store/credit cards. I don't owe a house or car, only my own clothes, jewelry, and my checking account, which isn't much. None of my family's possesions are in my name.

[Flamingo]

Sorry, Well, let's see. Like I posted, I make around $400 a month, that is my only income and that si from freelance work. I owe somewhere around $8,000 none are secured, including the judgment, they are all store/credit cards. I don't owe a house or car, only my own clothes, jewelry, and my checking account, which isn't much. None of my family's possesions are in my name.

Since you are poverty level as to income and have no assets, that is why the attorney said you are "judgment proof." However, judgments can hang around for a while and if in the future you should get a better job, buy a house or get a tax or state refund, you could find your wages garnished, a judgment against your house or a bite out of your refund (my friend's son had his state tax refund taken because of nonpayment of a car repair bill and a judgment in place). You need to sit down with that attorney and figure out what is the best option for you and I wish you all the luck in the world and hope things improve for you.

[dr618]

Flamingo,

When he told me that, I said to him, what do you think is the best thing to do, he really didn't know what to tell me, but all he did say was filing for bankruptcy will give me a fresh start.

[WorkingItOut]

Are you married? If so, does your spouse work?

[dr618]

Not married, I live with a roomate, not a relative, all of our income is totally separate.

[relief13035]

Just curious - but how does a person live on only $400 a month?

[dr618]

My roomate helps me out

[GreenInkOnPaper]

If fear of creditors coming after your family (parents?) is pushing you towards BK, think again. Creditors cannot attach to accounts which aren't owned or co-owned by you. In other words, if you have a Chase Visa that you alone applied for and You alone own, Chase cannot come after your Mom's money to pay the debt. NOw, if your mom co-signed, and you and she have a joint checking account, that's a different story.

[dr618]

That was my biggest fear, and also finding out my checking account is frozen, which isn't much to begin with.

[pigpen75]

That was my biggest fear, and also finding out my checking account is frozen, which isn't much to begin with.

Who cares about a checking account if you dont have anything in it. Why would you even need a checking account if u make so little