If you can’t pay off your debts, such as credit card payments, medical bills, personal loans, etc., the creditor can sue you to replenish the debt you owe. However, one of the most common questions our clients ask us is if creditors can still sue someone if they are “judgment proof?”
Judgment proof is when a person doesn’t have much income, cash reserves, or other assets that a creditor can take to pay off debts.
How Do I Know If I am Judgment Proof?
If your income is protected from garnishment and you don't have many assets, like a house, personal property, or savings to pay off your debts, you're probably judgment proof. To be judgment proof, all of the following must apply:
- All your debt is unsecured.
- Your income can’t be garnished because it would be undue hardship.
- All of your property is protected by state exemptions.
- Your financial situation is unlikely to change in the foreseeable future.
Can Creditors Sue Me If I Don’t Have Money?
Unfortunately, yes – you can still be sued even if you are judgment proof. Creditors can sue you and obtain a judgment against you to come after property or other assets to pay off the debt you owe. Creditors can even put lawsuits on hold and enforce them as soon as you have the income to pay off debts.
Seek Protection from Creditors
Even if you are currently judgment proof, you shouldn’t ignore creditors since judgment proof isn’t often permanent. Your financial situation could improve and then you will be required to take responsibility for the debt you owe. To help you start restoring your financial situation, our team at Wadhwani & Shanfeld is here to help you. We have helped over 20,000 people rebuild their financial situation, and we are here to help you too.
Contact our Los Angeles bankruptcy attorneys today at (800) 996-9932 to schedule a consultation!