Can I tell them I'm judgment-proof NOW?

[Guest]

I had 2 default judgments (same credit card company) and figured that because I don't work, have no assets, everything is in my husband's name, etc. that it would just be easier to ignore the whole thing (stupid, but you know...)

I now have read that I could have shown up or filed something w/ the creditor saying that I am judgment-proof. Is there a way I could send it to them after the fact? Or is there even a point?

Bank accounts are in my husband's name, I have literally nothing they could seize or garnish. But the stress is getting to me and I feel like I'm just constantly waiting for them to try something else. What can I do?

[BROKENN]

You want to talk to the Cats'

AngelinaCAT and AngelinaCAThub. They can tell you their experience.

[ivytree31]

You want to talk to the Cats'

AngelinaCAT and AngelinaCAThub. They can tell you their experience.

Will they see this or should I PM them? Thanks for your help/

[BROKENN]

They will see it when they get online. But you could PM them too

[Argh!]

Do you live in a community property state?

[ivytree31]

Do you live in a community property state?

No, I don't.

[fltoo]

I had told Chase that I was judgment proof and they obtained one anyway. I did not show up because, honestly, there was nothing I could do to prevent it. I am thinking they must have seen something on my credit report that looked like an asset.

Actually, we are not judgment proof because they can obtain a judgment, but we are garnishment proof, so there is nothing they can do with the judgment.

IMO, if there are no wages to garnish and you keep no bank accounts or assets, a judgment is no big deal. I would monitor the judgment to see if the creditor renews it in years to come.

Mine will be vacated in BK, so I am not concerned.

Do you mind saying which cc companies obtained your judgments? To date, I have only heard of Chase.

Has anyone ever had a Citi or American Ex judgment, or even one from a mortgage company on rental properties??

[Willy13]

Do you mind saying which cc companies obtained your judgments? To date, I have only heard of Chase.

Has anyone ever had a Citi or American Ex judgment, or even one from a mortgage company on rental properties??

If you don't mind saying, how long, did they take between default and getting the judgment?

[fltoo]

Only took Chase 5 months to place my judgment. As I said, they must have thought I had an asset. After the judgment, they went after an old Wachovia checking account that I had closed a year before. They must have mistakenly thought the account was still active.

Then they had to remove the hold on the closed account. I imagine their mistake cost them a bit in court fees.

No one I know has had any other judgment other than Chase.

That is why I am asking if anyone else has had a judgment, especially with Citi or American Express or a rental property foreclosure???

[ssdsco]

Citi filed a lawsuit last August after 13 months of no payments. I can view it on the online database but a summons has never been served.

Also another OC/Law Office of... filed a suit in June after a year of no payments and it's never been served. I just received a DV response from the Law of..... that I requested last spring so I guess they're getting things lined up to serve the summons.

I did just receive a summons via certified mail from a court in the state I moved out of 18months ago. It's a very small amount...$300 debt and $700 in legal fees. The court date is in February 2009. I have 60 days to let the court know if I plan to defend myself. I guess I'll let them get a default judgment and they can do whatever they have to do to move the suit to my current state of residence. The creditor filing the suit has had my correct address for 18 months.

[allavdj]

Does each court had it's own "online database" showing lawsuits and such? I looked around our county courts website but couldn't find anything. ANy hints on how to find what I'm looking for?

[ssdsco]

Does each court had it's own "online database" showing lawsuits and such? I looked around our county courts website but couldn't find anything. ANy hints on how to find what I'm looking for?

Search for your county clerks office. Ours has a website with a link to the database.

[junker]

a ca representing mbna got a judgement against me a few years ago. then a jdb tried to get one from a old wells fargo credit card, but it was dismissed in small claims court. Unifund i think.the rest of jdbuyers just keep sending notices every once in a while, then sell the acct to someone else. next spring just about everything will fall off credit as all will be 7yrs old. except for judgement. i also am judgement proof. also if you are able to be power of attorney on someones checking acct, you can pass checks through that acct.because they dont require your ss number to be poa. just something i learned, that might help someone.

[GoingDown]

Being judgment proof won't stop them from filing a lawsuit against you and getting a judgment. It merely makes their judgment worthless once they get it because they still can't get paid.

Sometimes it makes them less likely to file a lawsuit against you if they know you are judgment proof, but sometimes they still file a lawsuit anyways.

To answer your original question, there is nothing to go back to court and file about being judgment proof. It will have no effect on the judgment. Not being able to afford to pay the debt is not a valid defense against a lawsuit.

Simply do nothing at this point. They have a judgment against you, but it is worthless. They won't be able to get any money out of you anyways.

[GoingDown]

Only took Chase 5 months to place my judgment. As I said, they must have thought I had an asset. After the judgment, they went after an old Wachovia checking account that I had closed a year before. They must have mistakenly thought the account was still active.

Then they had to remove the hold on the closed account. I imagine their mistake cost them a bit in court fees.

No one I know has had any other judgment other than Chase.

That is why I am asking if anyone else has had a judgment, especially with Citi or American Express or a rental property foreclosure???

I have a Capital One judgment against me for $300 plus court costs and attorney fees. They are the only ones who have bothered to sue me and it has been years and they still haven't received one penny of it from me.

They threatened to take my boat (I don't even have a boat!), my house (I rent!), and my car. So far they haven't bothered to take my car because it is worth less than the exemption amount. They asked about checking account information, and I told them I haven't used a checking account or a savings account in years. That stumped them.