Legal Question in Bankruptcy in Wisconsin

What is the best way to go if you're judgment proof?

I am on complete disability for the past 7 years. My only income is my SS Disability check. I own nothing. A credit card company from a card I had in 1994 is threatening to take me to court. I've tried to make arrangements to pay smaller amounts each month, but they said no. Is it better to let them take me to court or try to convivce them to take $40 a month? The balance is about $4,000. Should I send them a notice that I am judgment proof?


Asked on 7/08/03, 6:27 pm

1 Answer from Attorneys

Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: What is the best way to go if you're judgment proof?

Hello,

You should confirm that based on your income and type of income, your payments cannot be obtained by creditors. If you are judgement proof, then it is your choice. If you want to offer the $40 per month, you could do so at small claims court or before. If you dont choose to pay it, then you could do so and they might get a judgement against you but not be able to collect. To save them and you the hassle of finding all this out over time, it might be a good idea to write them a letter and lay out the facts. Best wishes,

Mark J. Mahoney

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Answered on 7/10/03, 8:38 am


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