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In a lawsuit what does the term judgment proof mean?


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Answered 2005-03-14 20:22:21

The legal term is "execution proof" In essence it means the debtor has no property that is considered nonexempt under state laws. Each state has a proscribed set of exemptions that can be used whenever a person is sued or files bankruptcy. For the average consumer this usually renders them "judgment proof" meaning the debt even though a writ of judgment is granted cannot be collected. "Macky"


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It is very likely given the circumstances that the person would be "judgment proof". The legal term is actual execution proof, meaning that a creditor could sue and be awarded a judgment, but the judgment could not be enforced. The vast majority of person's who are sued are execution proof. However this does not stop creditors from filing a lawsuit in the expectation that the debtor will eventually have property that is not exempt and therefore can be attached.

The defendant(s) would be considered to be "judgment proof" (legal term execution proof). This means the person has not property that can be seized nor wages or bank account(s) that can be garnished by creditors for repayment of the debt. It is not uncommon for a lawsuit defendant to be "judgment proof", the creditor can still record the judgment in hopes that the debtor will not always remain in his present economic status.

First of all, I should make one thing clear: being "judgment-proof" is not a legal defense to liability.You can't go into court and say "I'm judgment-proof, therefore the lawsuit should be dismissed." Whether or not you can actually satisfy a judgment has no bearing on your liability, and the court's ability to impose the judgment. And if you are found liable, that judgment can follow you around for the rest of your life, or until you pay it, creating problems at every turn.The term "judgment-proof" simply refers to a practical consideration faced by all plaintiffs: given the financial situation of the defendant, how easy or difficult will it be to actually collect the judgment? A plaintiff might decide that, even if they win, the defendant has so few assets that collecting the judgment could take more time or effort than it's worth.If you're employed, and lose this lawsuit, the plaintiff may be able to garnish a percentage of your wages until the judgment is satisfied. There are many other procedures through which a judgment can be enforced, as well.

No. Judgments can only be granted by the court, after a lawsuit has been filed and won.

Some judgments/liens are renewable quite literally forever. Being judgment proof does not mean you are relieved of the debt. It is a term used to designate the debtor has no assets at the time of the judgment which could be seized. If sometime later the debtor becomes employed, receives an inheritance, etc. the creditor can enforce the collection of the judgment. How long it stays on the CR will depend on what type of judgment.

To commence a lawsuit means to start a given legal proceeding. A lawsuit refers to a very detailed term for a given court proceeding whereby a given individual seeks a legal remedy.

It means the term policy can be renewed without having to provide proof of insurability.

It is the same word. If you mean 'proof of identity' it is 'une piece d'identite'.

This isn't slang or idiom - it can mean either literally filling up a suit, as with a body or air; or it can refer to the legal term of a suit as in a lawsuit.

"Judgment proof" is an informal and somewhat disparaging term for "doesn't have enough assets that we can seize to satisfy the judgment." When someone has a judgment against you for money and you don't pay, she can ask a court to "execute" on the judgment. The county sheriff comes and either actually or symbolically takes your property ("levies upon it" they call it) and, if it's not cash (like bank accounts) then sells it at a public auction. The money from the sale goes to pay the person you owe. If there's anything left over, you get it. There are special rules for levying upon and taking things like your home if you own it but the basic theory is the same. When folks say someone is judgment proof they mean the person doesn't own enough stuff that, when sold, there would be enough money to pay the judgment. Effectively, people who say it mean the person is too poor to be worth suing because you'll wind up with a judgment but still won't be able to collect. Keep in mind that in many places (I'm not sure about Indiana), the judgment holder can also garnish your pay, taking a piece of every paycheck.

Quote from the Related Link: "What does proof mean when it refers to whiskey (and other distilled alcoholic beverages), and where did the term come from? Well, first here is the modern definition: proof is twice the percentage of alcohol by volume. Therefore, 100 proof is 50% alcohol. 200 proof is 100% alcohol."

A judgment is a court order issued by the court stating that the creditor has won the lawsuit and is entitled to a certain amount of money.

The term that best describes a proof in which you assume the opposite of what you want to prove is 'indirect proof'.

in a civil case, the name of the person who files the lawsuit is called the Petitioner

This is complicated and the term goes back into history when alcohol was used to make gunpowder safe. The link below explains about "proof spirit".

Assess: make a judgment of value, quality, outcomes, results or size

The term describes the action taken by the court when the named defendant fails to respond to the lawsuit summons in writing and/or appearance upon the court date. A defendant is not required to make an appearance in court in a creditor suit, but failure to do so means the plaintiff will be automatically be awarded a writ of judgment. Such a judgment can then be executed against the defendant's real and personal property in accordance with the laws of the defendant's state.

DC stands for Deep Cameo, which is a term to describe the quality of proof coins.

The term "proof" has to do with how the coin was produced in the first place, rather than the condition of the coin.

Summary judgment is a legal term. When a court enters a judgment for a party against another party without a full trial, this is called a summary judgment.

"Guilty" is a criminal verdict. In a civil case, a judgment is entered against a party.The term judgment proof is most commonly used in tort law contexts to refer to defendants or potential defendants who are financially insolvent. Even if a plaintiff were to secure a legal judgment against an insolvent defendant, the defendant's lack of funds would make the satisfaction of that judgment difficult, if not impossible, to secure.

A class action lawsuit refers to a lawsuit brought against a company by a large group of people. The large group of people are not present in court. Rather, they are represented by a lawyer.

In the coin business the term "flat pack" refers to older proof sets 1964 and before that are packaged in envelopes not the hard plastic cases that are now used.

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