[collene7]

Hi, I have a situation where the creditor turned my debt over to an auditor to collect the debt, I did try and resolve this by making small payment arrangement apparently I received a letter of the full amount of the debt not able to pay due to my financial hardship. I receive S.S.I. Benefits and my check goes direct deposit into my personal checking account I have no assets for them to collect, can they go after my personal account, and can I get a Judgement proof? In the letter I received claims if they do not hear from me in 30 days they will get a judgement against me, what do I do at this point?

[AK lawyer]

...can they go after my personal account, and can I get a Judgement proof? ...

Yes, once they get a judgment. You should understand that "judgment proof" is not a noun phrase, it is an adjective phrase. Used in a sentence, you would write "I have no assets and therefore I am judgment proof". In other words, it is not a thing; it is a condition.

... In the letter I received claims if they do not hear from me in 30 days they will get a judgement against me, what do I do at this point?

Is this "letter" a court document (summons) notifying you that you have been sued, or is it merely a letter warning you that you will be sued. If it is the former, you will get a summons when they actually do sue you.

[ScottGem]

As AK said the phrase judgment proof is a description of a person who has no attachable assets to take once a judgment was awarded. While they cannot attach your SSI benefits, they can attach your personal account. Once exempt funds are deposited in an account, they are not longer exempt. You may be able to protect yourself by giving your bank proof that the only deposits into your account are from exempt sources so they can refuse any writ of execution against your account.

The letter you received is probably a threat of legal action not a statement of it. Before they can get a judgement, they have to go to court. This will involve a hearing. You must attend this hearing or they will get a default judgment against you. You can show the judge, at the hearing that you offered to make payments you could afford and that you have no attachable assets. The judge may still enter a judgment against you in case your situation ever changes, but may not grant the creditor a writ of execution.

[Fr_Chuck]

There is no status as judgement proof, they do and can, get a judgement against you. It is the collecting of that debt.

Be sure, as Scott said, to go to any court date or hearing they have, and present your evidence of incomes to the judge.