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Why am I being sued again? What is Supplemental Process?

If the creditor wins a lawsuit against you the creditor must take a second step to collect the debt.  The second step is called Supplemental Process.

It is a second court case. In the supplemental process court case the Judge decides if you can afford to pay anything towards the debt or if you have any property that can be sold to pay the debt.

You will get a complaint and summons with the date and time of the Supplemental Process case. You may have to keep going back to court every few months to see if you can pay any money towards the debt. You must go to court each time even if you do not have any money to pay the debt.

If you are over 60 or disabled the judge can decide that you do not need to return to court on the supplemental process. 

If:

  • You are over 60 or disabled,
  • you only have exempt property, and
  • you only receive exempt income,

give documentation of your age or disability to the creditor’s attorney and the judge.

Ask the judge to dismiss the case. See What if I am over 60 or disabled and I can not pay my debt?

At the supplemental process hearing you will probably be asked to fill out a financial statement. The financial statement asks for your earnings and your expenses.  It also asks for your assets or things that have value.  Fill out the financial statement the best you can.  If your income is protected take copies of your income or benefit statements or stubs to court to show the judge.

If you are execution proof and you do not think your circumstances will change anytime soon, tell the judge:

  1. your financial situation;
  2. that you do not believe your situation will change;
  3. explain that it is a hardship for you to have to return to court every few months when your situation is not going to change; and
  4. ask to have the case dismissed.
Produced by Mariah Jennings-Rampsi, South Coastal Counties Legal Services, with funding from American College of Bankruptcy Foundation
Created June 2012

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