Always nice to hear these facts. I have a feeling a lot of people are going to be hit hard with this inflation nightmare, including me.
@kimberlynw17992 жыл бұрын
We’ve had a couple of creditors file a suit but we haven’t heard anything else since Helps sent the letters
@Bladonna252 жыл бұрын
Thanks Eric. So glad I found HELPS!
@thomastommy11922 жыл бұрын
What about in the states of Delaware and Maryland? Awesome video thumbs up.
@HELPSNonprofitLawFirm2 жыл бұрын
Federal protects 217.50 net pre week from garnishment in every state. Some states have more expansive protections, including Delaware. Also states have different exemption laws that protect personal property and equity in a home. Delaware has more generous exemptions. You can search the internet for details. But as the video explains it is not the practice of judgment creditors to go after non-exempt property- they leave at pretty much attempts at bank accounts or wages. Eric HELPS
@romanstarrtattoos2 жыл бұрын
Unfortunately, there is no such thing as "judgment proof status” in Pennsylvania. The term "judgment proof" is really a misnomer. When attorneys say someone is "judgment proof", they mean that a debtor has essentially no property available to a creditor attempting to execute on a judgment.
@HELPSNonprofitLawFirm2 жыл бұрын
It is true that Pennyslvania is in the dark ages when it comes to state protections. However, there are federal laws that are in effect that protect a certain amount of wages. And then there are federal bankruptcy exemptions. As bad as the state laws, it is not common for Pennsylvania judgment creditors to attempt to enforce judgments on person's assets. Especially lower-income seniors. We don't see it happening. Eric HELPS
@vickiquade14712 жыл бұрын
I lived with my daughter and had items in the back of the house. She had a fire that destroyed most of the items in the front part of the house but she specifically told them not to touch anything in my part of the house because it was not damaged. The company cleaned out the house...ALL of it. So I have sued the company along with my daughter to get funds for the items they took. If I win, I could have almost $75,000 from the lawsuit. Is that money subject to paying a judgement? How do I protect it? I only receive a small amount of disability and retirement. I want to make sure I can protect the amount should I win.
@HELPSNonprofitLawFirm2 жыл бұрын
First someone would have to have a judgment. Second they would have know about this asset and when you receive it- which they would not. Sometimes it is better to discuss what to do if you win when you come to that point. There are means to protect money., Eric HELPS
@vickiquade14712 жыл бұрын
@@HELPSNonprofitLawFirm thank you!! I have high hopes of winning and just want to be prepared. If I do win I am worried the company won't have the funds to pay it anyway. Thinking positively makes me less anxious - LOL! Also I have a judgement or at least I think I do. I had a court date but did not go to it because I sent an email telling them I had only SS and was not able to pay the amount - I never heard anything from them nor did I get any ruling on what was decided on the court date.
@russelehlert5508 Жыл бұрын
Judgment proof
@benjimenfranklin76502 жыл бұрын
Your only judgment proof if You Don't own anything. If you have a house and it has equity they will take it I know they took mine.
@HELPSNonprofitLawFirm2 жыл бұрын
If you have a mortgage and you don't pay a mortgage yes your home can be foreclosed on. Papers have to be filed in court for foreclosure. A foreclosure has nothing to do with being "judgment proof." Same what a car you are buying if you don't make the car payment it can be repossessed. This video discusses judgments for unsecured debt. Eric HELPS
@benjimenfranklin76502 жыл бұрын
@@HELPSNonprofitLawFirm No I didn't mean not paying for the mortgage and car payment I mean if you had equity in something they can put a lien against it and take it they did that to my house.
@HELPSNonprofitLawFirm2 жыл бұрын
@@benjimenfranklin7650 I probably filed over 30,000 bankruptcies before founding HELPS over three decades. I can't recall a single instance where an unsecured judgment creditor ever went after a persons home when they had equity over the exemption amount for the state where the person lived. There are a lot of reasons why. And if they did there are ways to stop that from happening. I suppose I could imagine a fact situation where that could happen. But it would be extremely unusual and there are ways to stop or ameliorate the situation. So it is not correct to say that if you have equity they will take it. That would be like saying that if you drive to Circle K at 10 at night you will be hit by a drunk driver. Sure its possible but we don't live our lives that way. But once again if I did get hit by a drunk driver I would probably know what to do. I suspect there were some highly unusual circumstances with what happened to you. The point is not to make people have unnecessary fear. Especially if things can be done if a certain problem ever cropped up. Speaking as an attorney for 42 years dealing with these problems.
@benjimenfranklin76502 жыл бұрын
@@HELPSNonprofitLawFirm I tried to stop it the lawyer I got said they could make me use my social security to pay off the chapter 13 or if I did a chapter 7 they would take the house. So they take the house. I have already talked to you by email about this.
@HELPSNonprofitLawFirm2 жыл бұрын
@@benjimenfranklin7650 You can call HELPS and ask for me. I think you may be confused about your options here. Eric HELPS