Can I mention being judgment proof in answer?

[Violet]

Hello. I am filing my answer to Discover's complaint against me tomorrow. I was looking at other answers online, and found one where a guy inserted the following after his Answer and Defenses:

III. EXEMPT INCOME

1. Defendant has been disabled since June 2005 and has applied for Social Security Disability benefits which have been denied. An appeal will be filed within the appropriate timeframe.

2. Defendant has applied for disability retirement benefits through their employer, which have not yet been approved or denied.

3. Defendant has no income at this time.

I am currently unemployed with no non-exempt assets at all. I live with my parents and have a 10 year old car which is exempt. Would it be a good idea to insert something like this in my answer? I just sold $150 worth of stuff on eBay and will be selling more next month, so technically I can't say I have no income at all. However, other than selling a few books, I have had no income at all since March.

Could I insert the following:

EXEMPTIONS

Defendant is currently unemployed and has no wages, assets, or other non-exempt property.

What would you suggest?

[BigJohn]

It might work but then they might say to themselves "Not working now but probably will be working in the future".

s for your example, the person filed for Social Security and got denied. What he was saying is the government thinks he can work. Not a wise statement I would think.

[frogger]

And once again, you are not "judgement proof". You may be collection proof, but not judgement proof.

[AngelinaCat]

And you do not want a judgment hanging over your head as it can be renewed at least once if not twice, depending on where you live. That means this millstone can hang around your neck for more than twenty years--unless you get it vacated (means going to court and all those filing fees)--which can make it difficult in the future for you if you want to own a home or a new car.

[AngelinaCatHub]

And once again, you are not "judgement proof". You may be collection proof, but not judgement proof.

Thank you Frogger. You took my line. LOL.

About our Op's eBay small sales, that is just about like a yard sale or picking up aluminum cans on the side of road. It is hardly mentionable. Technically yes, but practically how many vacations can you take on a couple hundred dollars from eBay?

Usually you will be denied three times by SS for disability. You could be paralyzed from the neck down and they will do this. It is better to avoid the Judgment in any case. They can be a real problem in the future. File soon. 'Hub

[frogger]

Thank you Frogger. You took my line. LOL.
'Hub

I'm learning from some of the best!

[Violet]

It is better to avoid the Judgment in any case. They can be a real problem in the future. File soon. 'Hub

Absolutely. I am just stalling for time so I can either get the money for a lawyer or learn how to file pro se. Once I file my answer before Xmas, what can I expect? How much time do I have before I have to file BK? I'm in Michigan.

[catleg]

Remember, this is an answer, they've already decided to collect their money through the mechanism of a court judgment. So if this is an original creditor it's a matter of when (not if) they'll get a judgment. Even if it's a debt buyer (JDB) you'll have to raise some doubt in the court's mind as to the legitimacy of the debt or its ownership.

The court isn't going to care much about such a statement (of poverty/exemption), the only way your current "means" to pay becomes an issue is if you work out a stipulated settlement with the creditor. That assumes you want to "work things out".

I personally would omit such a statement as it is just an admission that you owe the debt.

Really all you can do to delay things is to try to pretend you might not be the actual party who owes the money (hinting at identity theft without perjuring yourself). Also asking for more time to hire a lawyer to defend the case might buy you a continuance or two. And/or just saying I'm preparing to file bankruptcy might do the trick, but again probably only a few weeks.