QUESTION
If a civil judgement is granted against me, is bankruptcy an option?
Asked on Dec 22nd, 2014 on Bankruptcy - Washington
More details to this question:
15 months ago I unintentionally struck a pedestrian with a car at a slow rate of speed. I recently received notification from my insurance company that her lawyer was seeking damages above what my policy covered. I have no assets, $20000+ in student loans and work minimum wage. I also have $50000 in medical bills from a stroke. Obviously I am not able to keep up and a judgment will just sink me further. Thank you for your time.
12 ANSWERS
Debt Relief Attorney serving Anaheim, CA
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Marlin Branstetter Attorney at Law
Bankruptcy would be an option if the plaintiff receives a judgment in excess of your coverage. Your insurance carrier is obligated to defend you and many times these matters settle for the policy limits but you could file bankruptcy on any excess amount.
Answered on Dec 26th, 2014 at 8:03 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Civil judgments are discharged in bankruptcy except in the limited instances where the debt is undischargeable. Generally, damages in an auto accident are dischargeable unless you were intoxicated.
Answered on Dec 23rd, 2014 at 6:01 PM
Certainly bankruptcy is one option you have and you may want to have a consultation with a local attorney to see if it is an appropriate option. Since you work a minimum wage job, at this point, there may be little or nothing a creditor with a court judgment can actually do to collect from you even if you don't file bankruptcy. Since knowledge is power, I suggest looking at the state exemptions to see if these laws protect everything you do own.
Answered on Dec 23rd, 2014 at 2:42 PM
Yes, bankruptcy is an option. Pay an experienced BK lawyer for one hour of their time to discuss your situation. Go to the Court house before the meeting and get a copy of the judgment. Most judgments are dischargeable in bankruptcy, although some may not be. Anyway, an experienced attorney can guide you. Good luck!
Answered on Dec 23rd, 2014 at 2:35 PM
Bankruptcy Attorney serving Charleston, SC
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Davis Law Firm
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A judgment which is not the result of recklessness, willfulness or when you were under the influence of drugs or alcohol will generally be discharged in a bankruptcy. Garnishment of wages is not an option for someone who was injured by your driving. You need to meet with an attorney to discuss your rights and liabilities. Just because someone has a judgment against you may not mean that you should file bankruptcy. Consult with an attorney to plan your future.
Answered on Dec 23rd, 2014 at 11:03 AM
Business Bankruptcy Attorney serving Raleigh, NC
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J.M. Cook, P.A.
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Yes it is. It is important, however, to act before the judgment is finalized - that is before you are sued and the Court enters judgment against you. A consultation with a qualified bankruptcy attorney will ensure that the judgment will not be one that is exempt from discharge. I would suggest you wait until suit is filed so that you can see what the plaintiff is alleging. It will help your atty in determining the best way to discharge your liability.
Answered on Dec 23rd, 2014 at 11:03 AM
Yes, based on your post I would say bankruptcy is something you should consider.
Answered on Dec 23rd, 2014 at 11:03 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You might well benefit from a bankruptcy, and the injury claim could well be dischargable. See an attorney with all of the details.
Answered on Dec 23rd, 2014 at 11:01 AM
Unless you were cited for DUI, you should be able to discharge the damages they are seeking, but it would be better to file bankruptcy before the judgment is rendered, if possible. Your medical bills from your stroke are another reason to file, since minimum wage will never pay off that debt. We could also discuss the chances you might have to discharge some or all of your student loans.
Answered on Dec 23rd, 2014 at 11:00 AM
Deborah F. Bowinski
It sounds as though bankruptcy might well be a viable option for you. You should schedule an initial consultation with an experienced bankruptcy lawyer nearby to explore your options. Good luck!
Answered on Dec 22nd, 2014 at 7:55 PM
Complex Litigation Attorney serving Costa Mesa, CA
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Thomas Vogele & Associates, APC
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You are essentially judgment proof at this juncture, however, that can change. If you. Get a better job, inherit money or even win the lottery, your creditors can seize those. You can file bankruptcy but your Student loans will not be discharged and the personal injury can be deemed nondischargeable if the victim sues you in your bankruptcy case. You need to make an appointment with a good bankruptcy attorney and discuss you options immediately. Good luck.
Answered on Dec 22nd, 2014 at 7:54 PM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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It is probably dischargeable.
Answered on Dec 22nd, 2014 at 7:50 PM