Interpretation of Judgment-Debtor in Less than 4 Minutes
Definition and Example of Judgment-Debtor
If you do not have sufficient income or assets to satisfy a court judgment that has been filed against you, you may be considered a judgment-debtor. Some states protect certain assets from seizure in a court judgment, such as homes. There is certain income that is exempt from judgment-debtor status, such as child support.
For example, let’s say you can’t pay off a credit card debt and the bank you owe sells your debt to a collection agency. The collection agency sues you for the amount owed and obtains a judgment against you. However, you do not earn more than minimum wage and do not have assets that your creditor can seize. However, you receive monthly child support payments, and due to the protection of that income, you are considered a judgment-debtor.
Note: Being considered a judgment-debtor does not erase the debt you owe. You will continue to have your debt, even if you are unable to pay it off right now. If your financial situation improves, your creditor may try again to recover the amount owed.
How Judgment-Debtor Works
If you do not repay consumer debts like credit cards or personal loans, your creditor can sue you for the amount you owe. Once they sue you and obtain a judgment against you, they can take steps to garnish a portion of your wages. However, if you are a judgment-debtor, your creditor will not have the ability to garnish your income or assets.
Some people are considered judgment-debtors because they earn legally protected income from garnishment, so creditors cannot garnish it based on a court judgment. Types of income that cannot be garnished include:
- Social Security
- Unemployment benefits
- Veterans’ benefits
- Child and spousal support
- Federal retirement benefits
- State disability payments or federal compensations
- Public assistance grants
There are others who are judgment-debtors because they are unemployed or earn below the legally permissible limits for wage garnishment. Federal law limits creditors from taking more than the minimum of your disposable wages, which is the lesser of 25% of your disposable income or 30 times the federal minimum wage ($7.25 per hour).
Note: Some states set their own judgment-debtor limits even lower than federal limits. For example, in Illinois, a creditor can garnish up to 15% of your total weekly wages and cannot reduce your net savings to below $495.
Your creditors may continue to contact you and attempt to collect the owed amount. In this case, you may want to send a judgment-debtor letter to your creditor, informing them to stop contacting you. In some cases, this may also prevent them from suing you.
Before sending a judgment-debtor letter, it is wise to consult with an attorney. Informing your creditor that you are unable to pay the owed amount may negatively impact your credit rating and make it harder to rent an apartment or secure a loan in the future.
Taking Branches of the Subject
If you are considered a judgment-debtor, it means you do not have sufficient income or assets for your creditor to seize for debt repayment. Some people may be judgment-debtors because they are unemployed or their income is below the federal or state guidelines for garnishment. Others may be judgment-debtors because they receive legally protected income such as Social Security, veterans’ benefits, unemployment benefits, child support, and federal retirement benefits. If your creditor still contacts you, you can send a judgment-debtor letter informing them that your income and assets are protected from garnishment. However, judgment-debtor status does not last forever, so if your financial situation improves, your creditor may continue to attempt to recover the money you owe them.
Source:
https://www.thebalancemoney.com/what-is-judgment-proof-5221710
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