California Sample Letter to Judge with Agreed Judgment
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FAQ
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.
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.
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.
Step 1: Complete the Form. The Judicial Council form commonly used in this procedure is: ... Step 2: Make Copies. Make photocopies of your unsigned Acknowledgment of Satisfaction of Judgment (EJ-100). Step 3: Notarize Your Forms. ... Step 4: Have your Acknowledgement Served. ... Step 5: Filing.
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.
To have costs and interest added to the amount owed, you must file and serve a Memorandum of Costs After Judgment (MC-012). On this form, you must include the exact amount of all allowable costs, the payments credited toward the principal and interest, and the amount of accrued interest.
The person assigning the judgment (the seller) to you (the buyer) must sign the form in the presence of a notary. The form must be signed and stamped by the notary. Once this is done, the form becomes the original that the court needs.
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.
