Author Topic: Am I Judgement Proof?  (Read 4727 times)

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fantasy1000

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Am I Judgement Proof?
« on: August 09, 2010 11:19:22 PM »
I am a permanently disabled Senior Citizen living in subsidized housing.  I have no vehicle of any kind, no property of any kind, no assets of any kind.  My only income is Social Security Disability of less than $750 a month.  Most of my income goes to paying for rent and medical services.  I am not married.  My parents, aunts, uncles, etc. are deceased so I won't be inheriting money.  I will never be able to return to work.

A few years ago I became unable to continue payments on a credit card and I hired an attorney who said I did not need to file bankruptcy because I am "Judgment Proof".  She sent numerous letters in response to Portfolio Recovery Assoc., LLC constant telephone calls and letters but the company would not let up on me. 

A few months ago the company filed a judgment against me and although I had signed papers my attorney said she would file, I now have a judgment against me.  The papers say I neglected to respond so the judgment was entered by default.  My attorney will not return phone calls and I don't have the money to hire another attorney.  The last time I spoke with my attorney she said the only thing I could do would be to file bankruptcy because this company can continue to call and write me.  I had the money to file bankruptcy when I first hired the attorney but in no way could I afford to file now!

I can't think why this company...Portfolio Recovery Assoc, LLC...would waste money getting a judgment against me or paying people to call or write me if it's obvious they cannot collect.  They seem to be associated with a legitimate attorney group...Wetsch, Abbott, & Osborn, P.L.C. out of Des Moines, IA.

Today I received yet another letter from them saying they will be taking steps to enforce this judgment and I will be liable for paying the court costs and sheriff's fees they incur.

If I am "Judgment Proof", why do they continue to spend money trying to collect this debt?  Can I just ignore these letters or do I need to respond to them?  Do I have to prove to them that I'm "judgment proof"?  I noticed that my 'account number' with this company is actually my Social Security number and that scares me but it also seems to me they can use it to easily find out I have nothing they can take.  How long can they continue to 'take alternative steps to enforce this judgment' once they find out I'm "judgment proof"?  Can they keep doing this stuff and adding the cost to my account balance even knowing they can't collect in the hopes that I'll win the lottery or something? 

Any suggestions of what I should do?  I have already had one heart attack and this situation is stressing me out so much I'm worried I might have another.  Can I get these people off my back once and for all?

Thank you for any ideas.

Sally



kickinanscreamin

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Re: Am I Judgement Proof?
« Reply #1 on: August 10, 2010 01:31:42 AM »
Stop and think about it.  If, as you say, you have no assets whatsoever, what can they take?  They cannot take your SS income. They cannot take away your subsidized housing.  They cannot take your clothes.  They cannot take your medicines.  They cannot put you in jail. Knowing that there is nothing for them to take or do to you, ignore them.  Ignore their phone calls if you know it is them calling.  Throw their letters in the trash.  Be comfortable and confident that they cannot hurt you.  When you can accept that, you will have peace of mind.

howucantoo

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Re: Am I Judgement Proof?
« Reply #2 on: August 10, 2010 01:45:34 AM »
fantasy1000

Take a deep breath, Relax and Stay Calm.
With your condition there is No need to put additional stress on yourself.

Experts will be along shortly, you're in the right place !

Welcome aboard !
I am not an attorney, just  type" A" personality.
If you need legal help, you should seek legal counsel.

howucantoo

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Re: Am I Judgement Proof?
« Reply #3 on: August 10, 2010 01:46:16 AM »
BUMP
I am not an attorney, just  type" A" personality.
If you need legal help, you should seek legal counsel.

NotBonJovi

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Re: Am I Judgement Proof?
« Reply #4 on: August 10, 2010 02:55:19 AM »
You are indeed judgment-proof.

Social security income is generally exempt from garnishment, but if it is deposited into a bank acount, beware: they can place a levy on the account and make you squabble in court to get it returned SANS the hefty bank levy fee. I would go to my local bank branch and MAKE SURE it is documented that the monies in the account are social security funds.

You have no assets or wages for them to attach. Any notices they send you can serve as a back-up roll in case you run out of toilet paper or want to have a bonfire for Labor Day.  :whackacow2:
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kickinanscreamin

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Re: Am I Judgement Proof?
« Reply #5 on: August 10, 2010 12:32:20 PM »
Good point about the bank account, NBJ.  If possible the bank could name the account with a name that reflects the nature of the account and shows up on any bank statements.  If the SS checks are direct deposited, the bank statements will reflect that the check came from the dept. of Treasury. 

fantasy1000

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Re: Am I Judgement Proof?
« Reply #6 on: August 10, 2010 06:07:45 PM »
:-*  A Huge "Thanks!!!" to everyone who responded.  My one and only deposit every month is clearly labeled "US Treasury Social Security".  :-*

This company has called almost daily for three years and has sent me correspondence at least once a week for the same time.  I've answered the phone twice in all that time and have never responded to their mail.  My attorney could never figure out why they were spending so much money on an account that is judgment proof.  The phone calls wold get more frequent for awhile after she sent them any correspondence.  Finally, she gave up and I haven't known what to do since then.

They have fallen just short of harassment but I think that's the intent.

I plan to have a huge bonfire!  ;D

flacorps

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Re: Am I Judgement Proof?
« Reply #7 on: August 10, 2010 06:23:33 PM »
IF you are served with any post-judgment discovery it's important that you cooperate in answering it ... whether it's interrogatories, requests for production or a deposition.

Creditors are starting to get people cited for contempt and even picked up on writs of bodily attachment for failure to make good on discovery requests. In some cases people are jailed until somebody comes up with what the creditor is owed, even though technically capias ad satisfaciendum is not good law anywhere in the U.S.

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Flyingifr

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Re: Am I Judgement Proof?
« Reply #8 on: August 13, 2010 04:42:07 PM »
Fantasy - if they want to throw lots of good money after bad, I say let 'em and help 'em. Let them know your situation. They can add a  million dollars to the bills in various court fees and collection costs, they are just as uncollectable as the money you owed in the first place.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

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cbarnett97

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Re: Am I Judgement Proof?
« Reply #9 on: August 13, 2010 09:01:41 PM »
I would just send them a FOAD letter, then thier only options are to sue you or go away. That way at least if the continue to call you, you could end up putting a check from them into your bank account but at the very least they will not be able to legally contact you anymore

 

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