What's the criteria in becoming judgment proof in California. I lost everything and only living on SSA and Alimony...thanks. I am a senior over 71 and can't find work but being threatened with liens.
beats me
Social Security Disability and Social Security is judgment proof from debtors in all states.
"Judgment-proof" means that even if a plaintiff obtains its civil judgment against its defendant, the defendant has no assets from on which the court can levy in proceedings in aid of execution to satisfy the judgment. It also generally implies that as a result the defendant is not worth being sued, because the possibility of ultimately recovering a money judgment is nil.Added: There is no such legal principle as judgment proof. It is not a defense to a lawsuit. One can obtain a judgment against a defendant, regardless of the ability to collect the judgment. Plaintiffs often choose to proceed against defendants who appear to be judgment proof because they believe that the defendant will eventually have assets or income against which to collect.You are correct. The status of being judgment-proof is as a matter of fact and not a matter of law. Which is why I used the word "implied" and not the word "holds". Therefore, it is legal to the extent that as a matter of fact the judgment cannot be satisfied.
To obtain proof that a judgment has been satisfied, you can request a satisfaction of judgment document from the court that issued the judgment. This document will show that the judgment has been paid in full or otherwise satisfied. You may need to provide this document to credit reporting agencies or other entities to update your records.
Can a California Limited Liability Company be forced to pay a judgment
if i am judgement proof do i half to pay the ir lawyer fees
No, he could not.
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.
In California, an assignment of judgment requires the assignment to be in writing and signed by the assignor (the original judgment creditor). The assignee (the new creditor) must also provide notice of the assignment to the judgment debtor. Additionally, the assignee must record the assignment in the county where the judgment was entered if they intend to enforce the judgment against real property.
Yes
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"
To record a Satisfaction of Small Claims judgment in California, you will need to obtain a Satisfaction of Judgment form from the court that issued the original judgment. Once the form is completed and signed, you can file it with the court and pay any associated filing fees. The court will then update the judgment to reflect that it has been satisfied.