If you have 0 income....

[Hause]

Do you still take the means test, and submit it? Or do you use your roommates income?

[HHM]

You still submit it, you would just stop on line 12.

[jst4f]

If you have zero income and no assets, why file? Aren't you judgement proof?

[Bell30656]

Jst4f... Then again he/she might not always remain judgement proof...

[Hause]

Yes, I am judgement proof, but still got served, and have a court date. I don't believe you can wait out debt forever while it doubles over time. Eventually you will have to deal with it. So, I rather deal with it now, and get a fresh start.

Thanks everybody.

[AngelinaCat]

It technically isn't 'Judgment Proof', it is 'Collection Proof'.

The plaintiff in Hause's case may still get a judgment, and depending on the civil laws in Virginia, can stay valid for a very long time. If the plaintiff in the case is a sorry @^(^#%&#$#, and really wants to pursue the matter, then anything like a car, or something similar that Hause may eventually want to purchase, could be seized by the plaintiff, after due process, in order to satisfy all or part of the judgment.

Yes, Hause, you are doing well to kill this off right now. Good luck!

[Hause]

Gotta do the pre-emptive filing. FYI guys Virginia can renew judgements up to 20 years. So, there really isn't an option to wait things out a few years.

[AngelinaCat]

So can Florida, but I hesitated to give a figure because in some cases it has changed. It used to be that a judgment in Florida was 7 years and could be renewed twice.

[nohoneymoney]

Other posts have suggested that if you are collection proof to wait to file BK until after you have a new job and medical coverage...just in case you have medical issues after BK. You have to wait 7 years (i think that is the number) before you can file again. We were not collection proof so we don't have personal experience but it is an option to consider.

[Hause]

Good advice, everyone.

[HHM]

Other posts have suggested that if you are collection proof to wait to file BK until after you have a new job and medical coverage...just in case you have medical issues after BK. You have to wait 7 years (i think that is the number) before you can file again. We were not collection proof so we don't have personal experience but it is an option to consider.

Only if there is some "real" possibility of medical issues. e.g. the person already has ongoing medical problems with a high degree certainty of needing treatment. But an otherwise healthy person need not delay and SHOULD NOT delay on the "off chance" of some medical disaster. Also, the sooner you file, the sooner you rebuild. So, even if your collection proof, so long as you are not relying on debt (and since you mention being served, you probably have no access to credit at this point anyway), then file and start the rebuilding process.