Legal Question in Credit and Debt Law in California
A judgment creditor obtained a judgment against me back in 1999 for $30,000 for failure to re-pay a loan (promissory note). The judgment was recently renewed for roughly $60,000.
I am contemplating bankruptcy but have heard that it ruins my credit for ten years.
I am also married. I do not want to get my wife involved in this matter. I have heard that she is also liable for the debt because it was incurred prior to our marriage by me personally.
Should I fight this bastard by just being unreasonable in the collection process or just declare bankruptcy and be over with this mess. Thank you.
2 Answers from Attorneys
Based on the facts that you described, you have no legal basis to fight the judgment that was entered against you.
Bankruptcy can help you get rid of this debt and does not necessarily require your wife to file as well. She is it not liable for any debt that you incurred prior to the marriage.
Bankruptcy can stay on your credit for up to 10 years, but so can a lien created by a $60,000 judgment. The judgment may already be on your credit.
Most people that come to see me actually improve their credit score after bankruptcy. If you want to have a free consulation an experience bankruptcy attorney, please give me a call.
I can't tell you if the lawyer attempting to collect was born out of wedlock.
Nevertheless, if you wanted to oppose the debt, 10 years ago would have been the time. You could try to negotiate with the collector but, after so long, that usually would be futile and would lead to renewed and bothersome telephone calls. Right now, the bank accounts bearing your name and your paycheck are prime targets for collection activity, since it appears they know where you are.
While a bankruptcy remains on the credit reports for 10 years, I have had clients who, after a couple of years beyond bankruptcy, were able to purchase a house. They were able to reestablish their credit and have a good credit score.
While an attorney cannot make up your mind for you what you should do, the risks of doing nothing -- because they have located you -- might make the decision a bit more urgent. Good luck!