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Judgment Proof Letter: Sample and Template For You to Use

Sample Judgement LetterYou are said to be judgment proof when a debt collector or other creditor doesn’t have a legal way to collect a debt from you. You may be judgment proof if:

  • You live in one of four states that don’t allow wage garnishment – North Carolina, Pennsylvania, South Carolina, or Texas.
  • You don’t have income or your income is protected because it comes from one of these sources: public assistance, worker’s compensation, life insurance proceeds, most pensions, unemployment benefits, social security, or veteran’s benefits.
  • You don’t have assets.
  • You are insolvent – your liabilities exceed your assets.

Though there are no debt collection laws specific to being judgment proof, you can let the debt collector know that you’re unable to pay them and request that they stop contacting you.


 

Sample Judgment Proof Letter

Date
Your Name 
Your Address 
Your City, State Zip

Collector’s Name 
Collector’s Address 
Collector’s City, State Zip

Re: Account Number xxx-xxx-xxxx

Dear Collector:

This letter is in response to your attempts to collect an alleged debt from me (referenced above). At this time, I am unable to make payments on this debt because I am {disabled, unemployed, insolvent, etc}. Any income I have is exempt from garnishment and my property is exempt from liens or attachments.

Since there is no legal way for you to collect the debt from me at this time, I am requesting that you cease and desist your attempts to collect this debt. I will notify you if my financial situation improves and I am able to begin making payments. Thank you for your understanding.

Sincerely, 
Your Name

 

Modify the Letter to Fit Your Needs

Before you print and send this letter, you should personalize it to fit your situation.

  • Put today’s date in place of the word “Date.”
  • Put your actual name, address, city, state, and zip code in the block that begins with “Your Name.”
  • Put the collector’s name, address, city, state, and zip code in the bloc that begins with “Collector’s Name.”
  • Replace the X’s with your account number. If the collection agency references your account number using some other terminology like “Control Number,” you can use those words.
  • In the sentence “At this time, I am unable to make payments…” put the actual reason that you’re not able to make payments. It could be that you’re unemployed, you overall debt is too high, or you’re already having your wages garnished for the maximum allowed amount.
  • Avoid signing the letter because unscrupulous collectors could forge or photocopy your signature onto other documents.
  • Keep a copy of the letter for your records.
  • Send the letter via certified mail with return receipt requested so you have proof of the letter’s mailing and receipt.

Enforcing Your Rights

Remember, that there are no specific laws that prevent the collector from contacting you simply because you are judgment proof. However, since you have requested that the debt collector cease and desist contact, it has to comply. The collector or creditor can still sue you for the debt even after you send a judgment proof letter.

 

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