Can The Court Order The Debtor To Pay?

The court is not permitted to order them to pay the debt with money from Social Security, welfare, unemployment, or workers compensation benefits. If they are found to be liable for the debt, they should immediately let the court know if these are their only sources of income. If that is the case, and they do not own real property, the debtor may be considered "judgment proof," and will not be required to pay the debt at this time. However, be advised that a judgment can be acted upon for many years after it has been made. If, at a later date, the debtor has income from another source or other assets available, a "judgment creditor" may seek to enforce its judgment at that time and collect the money owed.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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