Legal Question in Bankruptcy in Wisconsin

JUDGMENT-PROOF: please explain the term 'judgment-proof' means and what income(s) are exempt from garnishment (specifically, social security and long-term disabilty payments). does having only those incomes mean that unsecured creditors would be wasting their time filing a judgment? is is worthwhile to inform collection agencies that you are 'judgment-proof' before it goes that far? is it a virtual waste of time and money to file chapter 7 if you are judgment-proof? what is the credit impact of doing nothing versus filing chapter 7 if a creditor can't collect anyway? i understand that negative credit listings go off your credit report after 7 years, while a chapter 7 remains on for 10 years.


Asked on 4/14/11, 1:16 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

The term "judgment proof" is legal slang for a debtor who is so poor that he or she has nothing which creditors can legally take away from them. However, the term is a misnomer because nobody is truly judgment proof. Creditors frequently violate legal restrictions against garnisheeing small payroll checks and bank accounts of poor people, while the debtors often fail to properly assert their rights to poverty related legal protections in court. Collectors also can still get away with aggressively harassing even the poorest debtors via phone, mail, and other personal contacts when trying to collect from them, Since this harassment can often progress to the point where the debtors either pay something which they are not legally obligated to pay or suffer medical or mental health problems, it is often still worthwhile for such debtors to seek protection from bankruptcy representatives such as my law office. Creditors are often undeterred by claims that a person is judgment proof and are still therefore likely to sue. Certain type of collection activity such as that relating to uninsured car accidents can also result in revocation of the driver�s license of a poor person, making it extremely important for them to still seek legal protection despite their poverty. My comments here are not legal advice, nor do they create an attorney client relationship between us; rather they are only for public educational purposes on this website. You are, however, always welcome to contact my office in Racine to discuss any additional questions which you may have or to set up a free consultation.

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Answered on 4/19/11, 6:01 am


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