QUESTION
If I file for bankruptcy, will it erase civil judgment from a person suing for car damages from an accident?
Asked on Aug 25th, 2016 on Bankruptcy - Nevada
More details to this question:
I have never been in a car accident. It finally happened to me and now I'm being harassed and in and out if court but I have no bank accounts and have no assets. I didn’t own anything. I was trying to get my life on track for my children and get my license back. But I’m broke. My credit score sucks. I'm afraid I'll never be able to support my family now. I don't even have a car to get back in forth to work.
7 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Bankruptcy will discharge the civil judgment and allow you to get your license back.
Answered on Sep 21st, 2016 at 11:40 AM
Yes, a BK will erase the judgment for all property damages.
Answered on Sep 20th, 2016 at 6:21 PM
Bankruptcy is not going to solve all of your financial problems. Provided that this civil judgment was NOT as a result of you driving while impaired by drugs or alcohol, you can eliminate this debt and most other kinds of debts through a bankruptcy. But bankruptcy will not continue to help you out with future responsibilities and expect to pay a price of filing bankruptcy for at least a year afterwards.
Answered on Sep 20th, 2016 at 6:21 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Bankruptcy does not exactly 'erase' a judgment. But it can discharge your personal liability on many judgments (unless you caused death or injury as a result of intoxicated operation of a motor vehicle). In some states, such as Wisconsin, once you get the bankruptcy discharge, you can separately move the state court to 'satisfy' the judgment so that no judgment lien sticks to your property. Hiring a lawyer is usually worth the investment in a court matter.
Answered on Sep 20th, 2016 at 6:20 PM
It won't erase anything, but the creditor claim against you will be barred forever. I am assuming there was no alcohol involved in the accident. Good luck!
Answered on Sep 20th, 2016 at 6:20 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Generally, yes.
Answered on Sep 20th, 2016 at 11:30 AM
2 Awards
Yes, general civil judgments are dischargeable in bankruptcy. However, if the judgment includes a claim for willful and malicious injury to a person on a person's property it is not dischargeable.
Answered on Sep 20th, 2016 at 11:27 AM