Legal Question in Bankruptcy in California
Judgement for money due to me......
I have a judgment issued by the Mesa County court for money due to me. The judge ordered that money be taken out of his work checks until the sum was paid my question is he has filed chapt 7 and included me with the creditors he owes money to and now the wage garnishment has stopped. Can he do this? is there anything I can do, i don't think he advised his attorney that he has this judegment against him.
2 Answers from Attorneys
Re: Judgement for money due to me......
When a person files for bankruptcy, the are shield from almost all actions to collect a debt. It doesn't matter if you have a judgment are not. In fact, it really doesn't matter if the debtor told their about the judgment or not...a bankruptcy discharge will voide the judgment.
Your only course of action right now is to file a proof of claim in case there are assets that might be distributed to creditors.
You might consider consulting a local bankruptcy attonrey. There may be grounds for dismissal of the bankrupct or filing an objection to the discharge of your particular debt.
Re: Judgement for money due to me......
You did not say why this money was due to you. Unless it is for child support, alimony, damages caused by drunk (not reckless, just drunk) driving, or a few other select types of debt, the judgment is noncollectable once the discharge is granted.
I am sure he did advise his attorney of the judgment -- that is how you got included on the list of creditors.
If you have a lien on real property that pre-dates the filing of the bankruptcy, that may survive. However, that does not seem to be the case in your situation.
-- Amy Kleinpeter
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