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    Judgement Proof

    I've seen in quite a few posts over this week people asking what "judgement proof" means and thought we might want to discuss it as a separate post.



    If you are Judgement proof (doesn't mean you can't get sued, means there is no way of collecting on the suit) you should explore how likely you are to become "not Judgement proof" before the Statute of Limitations for Collection (SOLC) expires. If you are not likely to become Not Judgement proof before SOLC expires (say you are a Stay at Home Mom for the next 15 years) then settlement is a possibility, whether the SOLC has expired or not. THIS SHOULD BE APPROACHED VERY CAREFULLY IN COMMUNITY PROPERTY STATES. Only treat non-community debt as outside SOLC. Community debt should still be treated as within SOLC. See my post "Making Yourself Judgement Proof" (No, I can't find that post.)




    Are You Judgment Proof?


    Alternatives to Bankruptcy
    Learn what you can do instead of filing for Chapter 7 or Chapter 13 bankruptcy.

    In many situations, filing for bankruptcy is the best remedy for debt problems. In others, however, another course of action makes more sense. This article outlines your main alternatives.

    Do Nothing

    Surprisingly, the best approach for some people deeply in debt is to take no action at all. If you're living simply, with little income and property, and look forward to a similar life in the future, you may be what's known as "judgment proof." This means that anyone who sues you and obtains a court judgment won't be able to collect from you simply because you don't have anything they can legally take. (As a famous song of the 1970s said, "freedom's just another word for nothing left to lose.")

    Except in unusual situations (being a tax protester or willfully failing to pay child support) you can't be thrown in jail for not paying your debts. Nor can a creditor take away such essentials as basic clothing, ordinary household furnishings, personal effects, food, or Social Security, unemployment, or public assistance benefits.

    Will filing for bankruptcy ruin my chances for a student loan?

    So, if you don't anticipate having a steady income or property a creditor could grab, bankruptcy is probably not necessary. Your creditors probably won't sue you, because it's unlikely they could collect the judgment. Instead, they'll simply write off your debt and treat it as a deductible business loss for income tax purposes. In several years, the debt will become legally uncollectible. And in seven years, the debt will come off your credit record.

    Rest of article at:

    Last edited by anonymuse; 06-16-2006, 07:21 AM.
    *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

    My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

    #2
    Excellent articles and resources......

    Your a great source of information............ THANKS FROM ALL OF US........
    Minny

    "It's amazing the paths that our feet sometimes follow in life".

    My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

    Comment


      #3
      I just wanted to make sure I understood it myself, so I just posted what I found.
      *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

      My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

      Comment


        #4
        Locally, there was a person that was judgement proof in 1996 when the 300K judgement was rendered. Since then he has accumulated some assests and actually began a business. The judgement has now risen to just a bit over 900K (interest, I assume) and he has been ordered to pay $226 per month (his income is around 30K per year). So, I guess you can be judgement proof for awhile, but eventually a determined Plaintiff will collect.
        NOTE: I am not a lawyer...any advice I give is for entertainment purposes only. Legal questions should be directed to competent counsel. I am just a troll. Or a Toad.

        Comment


          #5
          I looked up how garnishments in my state worked and it's based on disposable income--not just income--so I guess that's a little better than some. However, since I have some equity in my house, they could still get me. Not homestead exemption for that!
          *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

          My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

          Comment


            #6
            Thanks for posting this info. I'm wondering if I fall under judgement proof. I have no income...living off of student loans. I'm renting a house, I have a car loan. All of my debt is credit card debt. However, once I graduate in 3 years, would I then become non judgement proof and have to begin paying?
            Last edited by student123; 06-16-2006, 10:40 AM.

            Comment


              #7
              You need to look up what your SOLC is for your state.
              *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

              My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

              Comment


                #8
                Ohio is listed below: I'm not sure I understand if it is 4 years or 15 years. But regardless, I'm sure I will be employed in 4 years. That means they can sue me at that time, right? So it would be best to file BK now if I'm understanding it correctly.

                STATE: OHIO

                Interest Rate

                Legal: 10%
                Judgment: 10%
                STATUTE OF LIMITATIONS (IN YEARS)

                Open Account: 4
                Written Contract: 15
                Sales (UCC2-725) Contract:
                Domestic Judgment: 21 renew every 5
                Foreign Judgment: 21 renew every 5

                Comment


                  #9
                  I'm sure I will be employed in 4 years. That means they can sue me at that time, right

                  You can be sued at anytime-nobody has to wait until you have a job.

                  Comment


                    #10
                    They can begin garnishing my wages at that time for the debt I owe is what I mean.

                    Comment

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