Legal Question in Criminal Law in California

Re: civil law suit after criminal action

He could/should have hired counsel to defend the civil case. NOW, if the judgment is less than 6 months old, he can have counsel set it aside, and then actually defend the case if there are defenses, or if there is a chance of getting a lower judgment or settlement. Contact me if interested in discussing the fees, costs and issues in doing so.

Re: civil law suit after criminal action

In addition to the previous info, bankruptcy is not available against intentional torts like assault. So, whatever judgment stands against him can be collected by levy and taking his assets and income until paid in full. He can have property, it just can be taken away for the judgment.

Re: civil law suit after criminal action

Thanks for your posting.

You can file bankruptcy on a civil judgment. What happens from there, depends on the judgement holder. If the judgment holder does nothing, the debt will not survive the bankruptcy. If the lawsuit was for negligence, and not an intentional act, then the creditor may not have grounds to object.

If, however, the judgment holder objects, by filing an adversary complaint, and the adversary complaint alleges a "wilful and malicious", or intentional act, that caused the damages, then they will have to prove those elements in bankruptcy, and if proven, will win an order of non-dischargeablity, meaning that the debt survives the bankruptcy.

It's not true that your friend cannot own anything due to the civil judgment, but anything that is of value and is owned by him is subject to being taken to satisfy the judgment (assuming no bankruptcy). Normally judgment holders do not take clothing, but a wage garnishment, a lien on a bank account, or real estate, is common.

Finally, as counsel Nelson mentioned, you may apply to the civil court to "undo" the judgment, through a motion for relief from default judgment. This would then put the case "back on track", and the plaintiff would have to prove their damages, liability, and the amounts suffered before they could get a judgment.

I hope this mini-review of your options helps, but if you have any questions, please feel free to email me directly at [email protected]. I'm happy to help in any way that I can.