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Frequently Asked Questions (FAQ) Type your letter. ... Concisely review the main facts. ... Be polite. ... Write with your goal in mind. ... Ask for exactly what you want. ... Set a deadline. ... End the letter by stating you will promptly pursue legal remedies if the other party does not meet your demand. Make and keep copies.
A judgment is a court order stating that you owe the debt collector money because of a lawsuit. You may have received a judgment because the court decided in favor of the debt collector in a trial, or because you did not respond to a lawsuit that was filed against you.
Pay directly to the creditor Mail or deliver a check or money order to the Judgment Creditor. Make sure to keep proof of payment, such as your canceled check. Once the Judgment Creditor receives your payment, ask them to file the form Acknowledgment of Satisfaction of Judgment with the court within 14 days.
Your letter should contain: An explanation why you are judgment proof. ... Your full legal name and address. Your account number. Statement that you are exercising your rights ing to the FDCPA. The correct correspondence address for the debt collector, which is usually different from the make-a-payment address.
If you do not pay the judgment, the judge can order you to appear in court. This is called an Application And Order For Appearance and Examination (EJ-125) . You can be ordered into court every 4 months to furnish information to aid in the enforcement of judgment until you pay the judgment.
Clearly state that you are writing a judgment proof letter and explain the purpose of the letter, which is to demonstrate your inability to pay the judgment. Provide a brief explanation of your current financial situation, including any income, assets, or debts you may have.
What Is Judgment Proof? Judgment proof is a description of a person who does not have enough assets for a creditor to seize when a court order requires debt repayment. A debtor who is broke and unemployed can be considered judgment proof, as can a debtor who only has certain legally protected types of assets or income.
It is possible that notifying the collection agency of your judgment proof status will prevent a lawsuit. Remember, however, that just because you are judgment proof does not mean that the creditor will not sue you in order to get, and receive, a judgment against you.