Legal Question in Credit and Debt Law in California
collecting a judgment
Hello, my question is I had a judgement against me from a credit card company in dec of 1994. On april 1995 i filed bankruptcy and this credit card was included in my bankruptcy. Can they still collect from me?? It was included in my bankruptcy. My bankruptcy was discharged july 1995. They made several attempts to garnish my wages the first few years after the bankruptcy but my employer didnt allow it because I filed chapter 7 and it was included in the bankruptcy.. What are my options?????
2 Answers from Attorneys
Re: collecting a judgment
If indeed this debt was discharged in your Chapter 7 bankruptcy, then someone attempting to collect the debt would be in violation of the discharge injunction and you would be entitled to punitive damages from such person. At a minimum you should send them (by certified mail) a LETTER stating that this debt was discharged in BK and enclosing a copy of the final discharge order and the schedules listing the debt.
Re: collecting a judgment
The discharge prohibits ant attempt to collect from the debtor a debt that has been discharged. A debt is discharged, if the debt existed on the date the bankruptcy case was filed whether the debt was included in the schedules or omitted from them. In re Beezley, 994 F. 2d 1433 (9th Cir. 1993) A creditor who violates this order can be required to pay damages and attorney's fees to the debtor.
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