Am I Considered Judgement Proof...?


(Florida)

I am being sued by Asset Acceptance in Florida. They are claiming I owe over $3000 for a credit card. I have never been served or received a certified or registered letter.

The only way I found out about this is when they froze my bank account. When I spoke to the debt collector, he refused to send me a validation notice and told me to get it from the courthouse. I went to the court house and found all these papers on file: Default Final Judgement dated June 2005, Summons/Notice to Appear for Pretrial Conference dated April 2005...I never received any of these papers. Also my last name is misspelled on some of them if only by one letter.

I have never owned this credit card and I believe my estranged husband opened it up in my name online (that in itself should be illegal). He also tried to get one in our young son's name...he was about 4 years old at the time.

I requested a hearing and Claim of Exemption because my son's SSI check is deposited into my account.

I own nothing, no house, no car and have no assets...none.

Can I be considered judgement proof, but most importantly can I get this judgement dropped? I am terrified of putting even a few dollars in the bank for fear of this happening again.
Thank your for your help.

Comments for Am I Considered Judgement Proof...?

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Nov 03, 2010
judgment proof
by: Gerri

I would really encourage you to do two things:

Set up a a free consultation with a bankruptcy attorney to find out whether you are judgement proof. It sounds like you probably are, but the attorney can tell you for sure.

The other thing I would urge you to do is to talk with a consumer law attorney to find out whether this judgment can be vacated. It sure sounds like you may not have been properly served notice of the debt collection lawsuit. In fact, the whole thing sounds like a mess.

You can talk with a consumer law attorney with experience in debt collection cases. Learn how to get low cost or FREE legal help with your debt collection problem here.

It sounds like money is really tight for you right now, so I hope you find both services helpful. Please do let us know how this turns out for you.

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