The Villages, FL asked in Small Claims for Florida

Q: My wife will probably be found guilty next week of a $4000. in a credit card judgement.

Fortunately she is judgement proof ( ss and retirement pension).

Is there anything that should be presented at the trial to highlight this fact?

Related Topics:
1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: A small claims case is civil, not criminal; so she won't be "found guilty". If she is found to be liable for the debt, a judgment will be entered against her.

The fact that she is judgment proof is irrelevant. However if she discloses her financial circumstances, the plaintiff probably won't bother to try to collect (by garnishing her bank account, etc.).

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.