Legal Question in Bankruptcy in California

Re: Enforcing a Civil Judgement

Threatening to file bankruptcy or intending to file banrkuptcy does not have any legal impact. If you do file bankruptcy, then you would benefit from the automatic stay. The automatic stay prohibits the judgment creditor from making further efforts to collect the judgment without court approval.

If you meet the qualifications for bankruptcy and none of your creditors object, you will receive a discharge. A discharges voids any judgment at any time obtained, to the extent that such judgment is a determination of the personal liability of the debtor. It is operates as a permanent injunction against the commencement or continuation of an action, the employment or process, or an act, to collect or recover from, or offset against, property of the debtor.

Re: Enforcing a Civil Judgement

In addition to what Mr. Starrett says, certain debts/judgments are excluded from bankruptcy including: money judgment arising from driving under the influence; judgment for certain types of family support; judgment resulting from fraud or willful injury to others. If it's a judgment based upon credit card debt or some other type of money issues, more than likely it will be discharged if you qualify for and successfully emerge from Chapter 7 bankruptcy. Please let me know if you need more information.