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Make sure you state you are exercising your rights under the Fair Debt Collection Practices Act. Include a sentence or two describing why you are judgment-proof For example: I am judgment proof because I am living only on Social Security benefits, own limited exempt property, and cannot meet current expenses.
If your income is protected from garnishment and you have no assets (house, property, savings etc.) with which to pay your debt, you may be 'Judgment Proof'. Income that can NOT be garnished: TANF, GAU, SSI, SSDI, SSA, Food Stamps, child support, pension, etc. Income that can be garnished is wages from employment.
In many situations, one of the best ways to collect a judgment after winning a case is to put a lien on the debtor's property. This gives you a claim to the property and, in some cases, the property will be sold at public auction in order to satisfy the debt that is owed.
If you are collection proof you can write a letter to the debt collector that tells them it is not worth taking you to court. The letter also tells them not to harass you. If you are collection proof use the collection proof letter.
Judgment proof is a description of a person who does not have enough assets for a creditor to seize when a court order requires debt repayment. A debtor who is broke and unemployed can be considered judgment proof, as can a debtor who only has certain legally protected types of assets or income.
A judgment is a court order that is the decision in a lawsuit. If a judgment is entered against you, a debt collector will have stronger tools, like garnishment, to collect the debt.You are likely to have a judgment entered against you for the amount claimed in the lawsuit if you: Ignore the lawsuit, or.
Find out the total amount due for the judgment by contacting the clerk of court. Request the form that must accompany judgment payment from the clerk of court that issued the judgment. Write a check or money order to the judgment creditor if you'd rather pay directly.
Type your letter. Concisely review the main facts. Be polite. Write with your goal in mind. Ask for exactly what you want. Set a deadline. End the letter by stating you will promptly pursue legal remedies if the other party does not meet your demand. Make and keep copies.
A few more observations: Ask for the payment simply and be straightforward. Tell them you have included the invoice as part of the email and how you want to be paid. The conclusion is polite and lets them know that you'd love to work more with them in the future.