Understanding Debt and Collections: How to Determine If You Are Collection-Proof

If you do not have income or property that your creditor can take, that means you are a collection proof . This means that your creditor may not be able to collect anything from you right away.

If you are a collection proof debtor, a creditor may still sue you for the nonpayment of a debt owed. However, the creditor will be limited in their ability to collect on a court judgment against you.

A collection proof debtor has more protection against creditors and collection agencies. A person is considered a collection proof debtor if they meet the following requirements:

  • They have no income, their take-home pay from work is below $495 a week, or their income is from a protected source like public benefits, child support, or social security;
  • If they own real estate, the value of its equity is below $15,000;
  • If they have a car, its value is less than $2,400; and
  • The value of their personal property is not more than $4,000.

A collection proof debtor is only protected against personal, family, or household debt. Examples of this type of debt includes:

  • Money owed from buying furniture or a car,
  • Medical bills, or
  • Credit card purchases.

Business debts are not covered. Other debts not covered include:

  • Child support,
  • Fines for parking or other code violations, or
  • Damages owed as a result of a car accident or property damage.

The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney

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