Ok, I know with a judgment they can garnish your paycheck and checking account, is there anything else they can do to you? My question stems from the fact that I am working as an independent contractor and I don't have a checking account. If I get a judgment against me, will I have to garnish my own check??
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...usually when a creditor prevails in court, their attorney sends a writ to your employer to garnish your wages. given that you dont have an employer, they wont know who to send the writ to unless of course you tell them. however, if you were to own a business (excepting a sole proprietership of course), they could then send the writ to your business which is kinda like self garnishment.
I had this happen at one of my businesses but I think you are in the clear given that you are an independant contractor and no deposit account to garnish.
good luck! -
...also be sure to answer the summons, it will buy you some time.Comment
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take a car?
In florida it was my understanding they could also take your vehichle if it is paid for and worth more than the standard exemption,to satisfy their judgement. which here is 1000, i sure hope someone can tell me thats not true though.and that they cant do thatComment
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NO!Originally posted by allavdj View Post
You CAN be virtually JUDGMENT PROOF as an independent contractor. But it is up to you to make yourself as judgment proof as possible.
Simply...
Don't own real estate
Don't use a checking account
When you get paid, ask for a paper check and then cash it instead of depositing it.
Pay for everything with money orders and cash. Keep receipts in case you need them later on.
What you need to understand is that most creditors and debt collectors are looking for the easy kill-- people who own their own homes and people who work for someone else and get paid wages and then deposit them into checking accounts. People who are self-employed are usually far more trouble to collect from. They tend to move on to the next easy target instead of wasting a lot of time and money going after someone who is essentially judgment proof.
Make yourself judgment proof until you are fully ready to file bankruptcy.The world's simplest C & D Letter:
"I demand that you cease and desist from any communication with me."
Notice that I never actually mention or acknowledge the debt in my letter.Comment
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They can do that, but usually they won't bother with it.Originally posted by junker View Post
It costs them to get a sheriff to seize it, someone to tow it, someone to store it, someone to insure it, and someone to auction it. Then they would have to pay you $1000 for the exemption and hope they can get someone to pay more than all those costs at an auction so they would actually see a profit from the sale of your vehicle. They don't want to throw good money after bad.
They are mainly interested in wages to garnish, checking accounts to seize, and homes to slap a lien on.The world's simplest C & D Letter:
"I demand that you cease and desist from any communication with me."
Notice that I never actually mention or acknowledge the debt in my letter.Comment
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In NJ the debtor pays the sheriff fees - not the creditor at least that what appears to be happning here with me....Comment
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