Judgment-Proof Tenant
For The Pro Se or Pro Per Defendant
Understanding Judgment-Proof Tenant.
What is a Judgment-Proof Tenant?
A judgment-proof tenant is a term of art referring to a tenant who is considered financial insolvent. If it will cost a landlord more to pursue a judgment against a tenant than he or she will ever be able to collect, the tenant is considered judgment-proof.
When considering whether to begin the eviction process against a tenant, a landlord should ask whether the tenant is judgment-proof or not. In the case the tenant is judgment-proof, the landlord should focus on negotiations and getting back a vacant property instead of focusing on past due rent.
In addition, tenants who are financial insolvent can apply for a fee waiver from the courts. This fee waiver can eliminate all or part of the costs associated with going to court. When deciding to pursue an eviction against a judgment-proof tenant, a landlord should take this into account because it can increase the costs for the landlord and have no financial effect on the tenant.
who Qualifies as a Judgment-Proof Tenant?
There are no qualifications that a tenant needs to meet to be considered judgment-proof. A tenant who cannot pay monetary damages through a lien on property, garnishment of wages, or seizing of property is considered judgment-proof.
A tenant who does not own any assets, bank account, or equity in real estate cannot be encumbered with a lien. A tenant whose income is below a threshold cannot have his or her wages garnished. A tenant who is receiving income from the following is also exempt from garnishment:
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- Social Security Benefits
- Supplemental Security Income Benefits
- Public assistance Benefits
- Unemployment Benefits
- Veteran’s Benefits
- Child Support
- Federal Employee and Civil Service Retirement Benefits
How to Apply for a fee waiver?
To qualify for a fee waiver, the tenant must be below a certain income level based on family size. For a family size of one, the monthly income must be below $1,415.63 (with each additional family member add $491.67).
To request a fee waiver, a tenant need the following forms:
- Request to Waive Court Fees – (form: W-001)
- Information Sheet on Waivers of Costs and Fees – (form: info sheet FW-001)
- Other Fee Waiver Forms – (form: others)
what fees are waived?
If a tenant applies for and is approved, the following fees may be waived in full or in part:
- Filing fees in Superior Court
- Making and certifying copies
- Sheriff’s fees to give notice
- Giving notice and certificates
- Sending papers to another court department
- Court fee for telephone hearings
- Reporter’s fees
- Preparing, certifying, copying and sending the clerk’s transcript on appeal
- Making a transcript or copy of an official electronic recording
- Jury fees and expenses
- Court and court-appointed experts
- Fees for court officers to testify in court
- Court-appointed interpreter fees for witnesses
- Other necessary court fees
what are the Limitations on Judgment-Proof Tenants?
If a landlord so chooses, he or she can sue judgment-proof tenants for past due rent. Although, a judgment-proof tenant may not have the ability to pay at that moment, circumstances can be temporary. A monetary judgment by the court is good for 15 years, however, it cannot be renewed. So, a landlord may want to sue for monetary damages to preserve the legal standing to collect at a future time.