Skip to main content

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

Orlando, FL |
Filed under: Chapter 7 bankruptcy

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

Posted

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!

Mark as helpful

4 lawyers agree

Posted

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.

If this answer has helped you, please mark it as Best or Helpful Answer. This communication is intended as general information and not specific legal advice and does not create an attorney-client relationship.

Mark as helpful

4 lawyers agree

Posted

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.

Mark as helpful

9 lawyers agree

Posted

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.

Mark as helpful

4 lawyers agree

Posted

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 do they create, an attorney-client relationship between the attorney and any receiver.

Mark as helpful

1 lawyer agrees

1 comment

Amanda Leigh Edwards

Amanda Leigh Edwards

Posted

I just saw that "own nothing" part. I apologize. However, I very strongly agree with the previous post about co-mingling money. DO NOT put a dime from any other source than your SSDI into your account. Also, if you receive a fact information sheet or notice of deposition in relation to this debt, do not ignore it definitely see a lawyer at that point if not before. There are important steps you will need to take to protect your income.

Bankruptcy and debt topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics