If you lose or default on a civil judgment, then yes a judgment can be brought against you. Now of course getting a judgment is easy. Collecting the judgment is hard. There are lots of ways to avoid paying a judgment. Having no assets in your name, no bank account or an account with no money in it and having no job are the best ways to avoid paying.
Now eventually you will get tired of living off of other people and having nothing of your own. Although laws vary, most states don't allow judgments to stand forever unless steps are taken to keep them valid. Some judgments do go on (like unpaid child support) in many states. So provided the judgment remains valid, the plaintiff will be able to get their money from you.
The only real way to get rid of a judgment would be to file bankruptcy. There are some judgments that are non-dischargeable (child support), however, most are dischargeable. I would recommend you speak with a local attorney for detailed advise as to how to handle an outstanding judgment.
Some states do not allow the attachment of social security funds. However these laws do vary and you would need to speak with an attorney.
2007-12-08 12:34:00
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answer #1
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answered by hensleyclaw 5
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A civil court can render a judgement against you regardless of what your financial situation is. But whether the plaintiff can actually collect anything from you is a totally different matter. Sometimes a defendant is either so poor or hides his assets so well, or simply moves himself and all his belongings outside of the reach of the court's jurisdiction, that the court judgement just isn't worth the paper it's written on and the plaintiff walks away empty-handed with nothing more than a hollow moral victory. Social security payments can be garnished under certain situations, but if you really have no earnings or assets that the plaintiff (or his private investigator) can track down, then the best the county sheriff's office can do with the judgement is to put a bad mark against your credit record for a certain number of years.
2007-12-08 12:59:50
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answer #2
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answered by Anonymous
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if all you have is Social Security, what could you have done that is SO SERIOUS that you are being taken to court ? YES, a judgement can be placed against ANYONE, but if you have no assets with which to satisfy such a judgement, you are said to be "judgement proof". All that could be destroyed is your credit rating with such a judgement. Try to compromise with the party suing you and arrive at what would be a fair settlement for both parties.
2007-12-08 12:42:31
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answer #3
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answered by Mike 7
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They can issue a judgment against you but they cannot put a freeze on your bank account or take money from it if your only source of income is from SS and that is the only money in the account. Don't have a joint bank account and use the account your SS checks come to ONLY for your SS money.
2007-12-08 12:39:41
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answer #4
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answered by Jan 7
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that's a big if if if question...
Yes the can dip into your SS money...
say to pay your share of child support...yes the state will go after every penny then can get..
but if your asking about some lawyer trying to sue you? well once they find out you dont have anything of value then its just not worth their time and trouble so no...
2007-12-08 12:33:29
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answer #5
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answered by BigBadWolf 6
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yes
2007-12-08 12:34:49
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answer #6
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answered by Anonymous
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