Seymour, WI asked in Collections for Wyoming

Q: HOW DOES A PERSON GET JUDGEMENT PROOF? DO YOU NEED A LAWYER? FILL OUT A FORM?

I AM ASKING FOR MY SISTER. MARRIED 26 YRS, HUSBAND JUST UP AND LEFT FOR GOOD. SHE HAS HAD LUPUS SINCE 2003. LAST 6 MONTHS ZERO DOLLARS. SHE CAN'T WORK. SHE IS TRYING TO GET DISABILITY. CREDITORS ARE AFTER HER ALL THE TIME...SHE HAS NOTHING. HOW DOES SHE BECOME JUDGMENT PROOF?

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2 Lawyer Answers
Andrew Bresalier
Andrew Bresalier
Answered
  • Plantation, FL

A: A: This is a lay-person term for being uncollectable. There is really no such thing as really being “Judgment Proof” as a bar to being sued. Any one can be sued for anything. A Plaintiff can be granted a judgment, despite the Defendant’s holdings, or lack there of. Once the judgment is granted, if the Defendant’s holding are within the respective states exemptions, he is said to be “Judgment Proof”, but that will not stop a Plaintiff from attempting to collect from any source available.

Andrew Bresalier
Andrew Bresalier
Answered
  • Plantation, FL

A: A: This is a lay-person term for being uncollectable. There is really no such thing as really being “Judgment Proof” as a bar to being sued. Any one can be sued for anything. A Plaintiff can be granted a judgment, despite the Defendant’s holdings, or lack there of. Once the judgment is granted, if the Defendant’s holding are within the respective states exemptions, he is said to be “Judgment Proof”, but that will not stop a Plaintiff from attempting to collect from any source available.

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