Legal Question in Bankruptcy in California

Is bankruptcy an option?

Several years ago I was taken to court an ordered to pay $4,022 as a result of a car accident. After the judgement was made the man who took me to court said; if I payed him $2,000 he would forget about the rest of the money, because he had been in siuations like that before and not received any of the money. Nearly two years after paying him the money, he has sold his claim to a collection agency that now says I am responsible coming up with record of every check I ever wrote him, the remaining balance of the judgement with interest, and legal fees. I am a 21 year old college student who cannot incur these costs. Do I have any legal options? Would Filing bankruptcy be a viable option?


Asked on 9/01/06, 2:09 pm

3 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Is bankruptcy an option?

I would call the man and tell him what's going on. If he agrees that there was an agreement, he should call the dogs off. In the meantime, get copies of your checks from the bank. It would be a shame to file a bankruptcy for such a relatively small amount. It would stay on your credit history for 10 years.

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Answered on 9/01/06, 2:14 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Is bankruptcy an option?

File a small claims lawsuit against the man and the collection agency. This should take care of it.

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Answered on 9/01/06, 2:53 pm
Gloria Gong Law Office of G. Gong

Re: Is bankruptcy an option?

You may want to check the court to see if a "Satisfaction of Judgment" was filed. If so, send a copy to the Collection Agency. You did not state the total amount of your debt. Aside from student loans, if you have substantial other debt, you may want to consult with a BK attorney to determine if a BK is a valid option. If this is your only debt, it would be a better option to fight the Collection Agency. They may be in violation of the federal fair debt and collections laws. At any rate, do not pay a dime to the collection agency lest that be determined by a court that you admit that you owe that debt

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Answered on 9/01/06, 3:01 pm


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