Judgement Proof Letter Form PDF Details

When faced with overwhelming debt and no visible means to pay it off, understanding your rights and protections is crucial. This is where the concept of being "judgment proof" comes into play, offering a lifeline to those whose income and assets are legally protected from creditors. The Judgment Proof Letter is a valuable tool in this scenario, serving as a formal declaration of one’s financial position and requesting creditors to cease their collection efforts. These letters draw on rights under the Fair Debt Collection Practices Act, letting creditors know that the individual's income—whether it's from social security, disability, pension, or other protected sources—cannot be garnished. Included with samples, the letters advise adding personal details like name, address, account numbers, and a clear statement of being judgment proof due to reliance on legally protected income sources. They highlight the importance of sending these communications to the correct addresses, maintaining copies for personal records, and lengthening the process of repeated notices in case debts are sold to collection agencies. Available resources for drafting these letters, such as Washington Law Help and the Federal Trade Commission, offer guidance, though they underscore the importance of seeking legal counsel for personalized advice. This introduction maps out the journey of utilizing judgment proof letters as a shield against debt collection, underscoring patience and adherence to legal frameworks for potentially easing the burdens of financial duress.

QuestionAnswer
Form NameJudgement Proof Letter Form
Form Length3 pages
Fillable?Yes
Fillable fields15
Avg. time to fill out3 min 45 sec
Other namesproof judgement letters, judgment letter, what does judgement proof mean, judgment proof letter to creditor

Form Preview Example

JUDGMENT PROOF

SAMPLE LETTERS

Attached to this flyer are sample judgment proof letters for you to use as a guide to draft your own letter. This flyer is not meant as legal advice. You should consult an attorney for all legal advice.

WHAT DOES IT MEAN TO BE JUDGMENT PROOF?

Some kinds of income can not be garnished by creditors. If your income is protected from garnishment and you have no assets (house, property, savings etc.) with which to pay your debt, you may be ‘Judgment Proof’.

Income that can NOT be garnished: TANF, GAU, SSI, SSDI, SSA, Food Stamps, child support, pension, etc. Income that can be garnished is wages from employment.

JUDGMENT PROOF LETTERS

•Use the attached letters as a guide to draft your own judgment proof letter.

•Be sure that your name, address, account number and the date appear on your letter.

•Be sure to state that you are exercising your rights under the Fair Debt Collection Practices Act.

•Be sure to state that you want the creditor to stop calling or writing you, or both.

•Include a sentence or two describing why you are judgment-proof. For example: “I am judgment proof because I am living on pension and social security.”

•Mail your letter to the correct address. This is often different than the address you mail your payments to. The address for ‘correspondence’ will likely be found in very small print on the back of your monthly statement.

•Keep a copy of each letter you send for your files.

•Be patient. It can take a few weeks or months for your letter to be processed and for telephone calls from your creditors to stop.

•Be aware that the creditor may sell the debt to a collection agency. The collection agency may start calling or writing to you. The above process will need to be repeated for the collection agency. Send a judgment proof letter to the new collection agency.

ADDITIONAL RESOURCES

•Washington Law Help - www.washingtonlawhelp.org

•Federal Trade Commission - www.ftc.gov

•Neighborhood Legal Clinics - call 206.267.7070, Mon-Thurs, 9 AM – 12 Noon to make an appointment with a volunteer attorney for advice and consultation only.

•CLEAR SR. - Senior citizens can call - 888.387.7111 to speak with an attorney

DATE:

TO:

RE: Account Number __________________________

I am disabled and I am unable to work. I recently consulted with an attorney to discuss filing bankruptcy or other possible options to get control of my bills. She helped me write this letter. Right now, I owe a total of

____________________________ to all my creditors including your bill of

_________________. There is no foreseeable way for me to pay this.

After reviewing my financial situation, the attorney advised me that I am “judgment proof” - meaning all my assets are exempt from collection under RCW

6.15.I am living on Disability payments. I understand that my creditors may not garnish these payments. I have no other source of income.

I am requesting that you cease from calling me on the phone which you are required to do by the Fair Debt Collection Act (15 USC Sec. 1692). I have cut up all my credit cards and am sending this letter to each one of my creditors.

Thank you for your cooperation.

Sincerely,

(Print Name)

(Address)

(City, State, Zip)

DATE:

TO:

RE: Account Number __________________________

I am writing to explain the current financial situation for my wife and myself and to request you not to contact us. Right now, we owe a total of

____________________________ to all our creditors including your bill of

_________________. There is no foreseeable way for us to pay this as my wife

and I are elderly and unable to work.

I understand that we are “judgment proof” - meaning all our assets are exempt from collection. We are living on _______________/month which comes

from SSI and pension and disability payments. I understand that our creditors may not garnish these payments.

I am requesting that you cease from calling us on the phone which you are required to do by the Fair Debt Collection Act (15 USC Sec. 1692). I have cut up all our credit cards and am sending this letter to each one of our creditors.

Thank you for your cooperation.

Sincerely,

(Print Name)

(Address)

(City, State, Zip)

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