I have a judgment being put against me , All I have is social security as my income should I file bankruptcy ?

Asked over 1 year ago - Orlando, FL

A 10 , 000 judgment for a c / c and all i get is social security , file bankruptcy or let them out the judgment , I own nothing and live monthly my social security , have no bank acct except a checking . I have been disabled for the past 10 years

Attorney answers (5)

  1. Christopher Leroy Wesner

    Pro

    Contributor Level 7

    9

    Lawyers agree

    Answered . The creditor will likely not be able to acquire any of you SS income, unless the creditor is a governmental agency. In that case, they may be able to get at your income. Regardless, it comes down to your appetite for the harassment. If you can tolerate the continual calls, etc., you likely can just ride it out. If the harassment becomes unbearable, bankruptcy is a viable option. But, you need to meet with an experienced bankruptcy attorney in your jurisdiction to have them evaluate your entire financial situation. A two sentence question and answer on a law blog WILL NOT DO YOUR CASE JUSTICE. Contact a qualified attorney.

  2. Dorothy G Bunce

    Pro

    Contributor Level 20

    4

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    Best Answer
    chosen by asker

    Answered . What is that you want a bankruptcy to accomplish for you? Based on what you are saying, your property and income looks like it is completely protected from any creditor with a court judgment. However, have your social security direct deposited into your bank account & don't deposit money from any other source into this account. You may want to speak with your bank manager for additional assurances. Hope this perspective helps!

  3. Earl David Maxwell

    Contributor Level 12

    4

    Lawyers agree

    Answered . You may be "judgment proof," meaning your source of income and assets are legally beyond collection and it could be that bankruptcy would afford you no more protection. As exploration of all sources of income and assets would be required to be sure.

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  4. Lewis Matthew Roberts

    Contributor Level 16

    4

    Lawyers agree

    Answered . The creditors may not be able to collect.... now. But what about later?

    What if you were to come into assets later? Or more income, later.

    Sometimes it may be better to file bankruptcy now, when you have no income and no assets... to ensure that you qualify for chapter 7.

    What happen if you inherit $25,000 from a long lost uncle 5 years from now. That $10,000 judgment may have become $20,000. And now they get to come after your inheritance.

    A strectch? Probably.

    But something to think about.

  5. Amanda Leigh Edwards-Rivera

    Contributor Level 6

    1

    Lawyer agrees

    Answered . I agree with the previous answers. You may be "collection proof" meaning that the creditor will not be able to collect on the judgment entered against you. However, if your circumstances change and you do acquire some money down the road, the creditor mat be able to attach to it. Judgments are good for 10 years, and then can renewed for another 10. Also, if you own property the judgment can be recorded against the house (not a lien). I would advise meeting with a bankruptcy attorney or contacting your local legal aid to get the full scoop on your financial standing as "collection proof."

    These web pages are for information only. They do not constitute legal advice. These pages do not constitute, nor... more

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