Legal Question in Bankruptcy in California

What does judgment proof mean when a creditor gets a judgment against you when you are unemployed? Specifically I am mainly concerned about money in the bank, not other assets like a house. If your bank account is getting money almost exclusively from Social Security, I know that is supposed to be off limits. But one attorney told me that they will levy it anyway and then make you fight to get it back. Is there any way to keep money out of their reach other than have only cash somewhere outside a bank?


Asked on 10/23/11, 11:38 am

1 Answer from Attorneys
Tony Carballo Carballo Law Offices

Judgment proof means there is nothing the creditor can take from you. The creditor can levy your bank account and then you have to object and go to court to prove that the funds in the account are not subject to levy because the funds are exempted from levy under California law. Since the creditor does not know where the funds are coming from it is up to the owner of the account to prove that the funds are not subject to levy.

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Answered on 10/23/11, 11:56 am


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