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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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โˆ™ 2005-03-14 20:22:21
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Q: In a lawsuit what does the term judgment proof mean?
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Related questions

Would a person who has no assets and whose only income is from Social Security Disability be considered judgment proof?

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.


What happens if someone sues you and you do not have any money or assets?

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.


Is a low income family judgment proof that receives food stamps and medical assistance for their three children?

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.


If you are considered judgment proof will a judgment still stay on your credit report for 7 years and if the 7 years is up can they still collect?

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.


What does it mean to commence a lawsuit?

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.


Is it legal for a collection agency to use the term 'judgment' on your credit report without a court order or hearing?

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


What does the term McCarthyism mean apex?

Accusing people of disloyalty without proof


How does one become judgment proof in Indiana?

"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.


What does the term renewable mean?

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


What term refers to someone who is engaged in a lawsuit?

litigant that is the term


What term describes any kind of money a creditor must accept by law for payment of a monetary debt?

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.


What does fill the suit mean?

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.


What is a judgment of default?

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.


What does the word proof in alcohol mean.?

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".


In terms of alcohol what does 80 proof mean?

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."


Can credit card companies put you in jail for non-payment when you have no assets left?

Absolutely not. Even when lawsuits are inititated, won and judgments granted to the plaintiff, many debtors will be "judgment proof" (the legal term is execution proof). This indicates the debtor has no assets that can be attached by creditors for debt owed. Many judgments are renewable, therefore, the judgment holder may exercise that option in the hope that the debtor will eventually acquire attachable property.


What does the term McCarthyism mean?

Accusing people of disloyalty without proof


What does the directive term 'assess' mean?

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


What is the term refers to the person who files a lawsuit in a civil case?

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


What happens if a person is found guilty in a civil trial and cannot pay the 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.


What does DC mean in coin rating?

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


What is the french term for identification?

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


Which term best describes a proof in which you assume the opposite of what you want to prove?

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


What does the term 'class action' refer to in a lawsuit?

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.


Define summary judgment?

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.