ThorneWillow Posted January 2, 2008 Report Share Posted January 2, 2008 "If she is ill or unable to sustain the debt, ask the judge to declare her judgment proof or insolvent"Just wondering if this is something I may be able to use in the lawsuit against me!!! What is Judgment proof or insolvent??Yes, I'm new here ...HELLO EVERYONE!!I've been reading in this forum all day....really. And can't find this. But I have found lots of other information!! Thanks to all. Link to comment Share on other sites More sharing options...
brokeinok Posted January 2, 2008 Report Share Posted January 2, 2008 Can you give us some context to go by? Is that from a settlement agreement, a legal petition for judgement or what?? Link to comment Share on other sites More sharing options...
ThorneWillow Posted January 2, 2008 Author Report Share Posted January 2, 2008 I read this on another site somewhere. A man was asking for his mother, whose only income is social security, and she is sick. The thing is, judgement was already made against her because she did not answer the summons or show up in court. So the guy was asking if there was some way he could have the judgement reversed. I have a summons I need to answer and was just wondering if this was something I could use as I am sick. I live on Soc. Sec. Disability. I don't have 2 cents extra a month to spend on anything. I'm being sued by a Lawyer/CA for a credit card. Not sure what judgement proof means! Or insolvent! ??? I need all the help I can get. I can't afford a lawyer to write a letter for me, so I'll write it myself. If nothing else they should get a good laugh from it. Link to comment Share on other sites More sharing options...
ThorneWillow Posted January 2, 2008 Author Report Share Posted January 2, 2008 Bump Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted January 2, 2008 Report Share Posted January 2, 2008 Okay I’ll take a crack at this…Being insolvent means you are broke; that even if you sold everything you owned it would be insufficient to pay your debts – when you file bankruptcy; you are essentially telling the world that you are insolvent and cannot pay your debts and if the court agrees; it will discharge (forgive) some or all of those debts.Being “judgment proof” essentially means that you have nothing that a creditor can take form you to satisfy a debt (you may or may not be technically insolvent as you could have assets that simply can’t be attached through a judgment but still have enough that if you sold everything, you could pay your debts if you wanted to do so).For most people, being judgment proof means you have no assets (or equity in anything) and pretty much no income as well (SSI (at least SSI Disability) cannot be garnished so anyone living on it is pretty much is safe in that regards).I don’t understand the basis for suggesting that being "judgment proof" would be grounds for overturning/vacating a judgment or how it would serve as a defense against a judgment that hasn't been granted yet as a debtor's ability or inability to pay does not determine whether the debtor does or does not owe a debt or whether a creditor can or should receive a judgment. If there is nothing that can be attached then the judgment is meaningless but that doesn't mean it's inappropriate for a court to issue it. Link to comment Share on other sites More sharing options...
ThorneWillow Posted January 3, 2008 Author Report Share Posted January 3, 2008 That answered my question.Nothing I can use .... now that understand what it means.Thank you so much!! Buh-Bye Now!! Link to comment Share on other sites More sharing options...
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