QUESTION
What if I can't pay a judgment on a credit card debt, how can I get out of it, can I file bankruptcy, can I dispute it?
Asked on Apr 05th, 2013 on Bankruptcy - Texas
More details to this question:
How can I get out of a cc judgment? Can I file BK, I have a family to support and I do not have the money (honestly) to pay this. Can I get the judgment disputed/vacated? I did not even receive my 50% of community property, I was married one year, she left, and now stuck me with $20 in cc debt. What can I do? She generated a letter for me to sign that she would keep all the possession and she would be responsible for them, then she took me back to court and now I have to pay and I did not even get my 50% of the assets, this is just not fair. Doesn't the signed agreement hold up?
10 ANSWERS
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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Yes, a chapter 7 or 13 would definitely discharge the cc judgment. You should schedule a free consultation with a good bankruptcy attorney.
Answered on Apr 08th, 2013 at 8:26 PM
The creditors unfortunately are not bound by divorce decrees or separation agreements. If your name was on the debts including as a cosigner or co-debtor, you would still owe on the debt. You may want to consider filing a Chapter 7 bankruptcy, you could then have this unsecured debt discharged in the Chapter 7 (it does not matter if a judgment against you has been entered or not).
Answered on Apr 08th, 2013 at 8:13 PM
Insurance Attorney serving Redlands, CA
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Orrock, Popka, Tucker & Dolen
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Debt relief through bankruptcy was designed for this type of situation. Seek counsel from a bankruptcy attorney and you will find relief.
Answered on Apr 08th, 2013 at 1:33 AM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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If you are on the credit card, it doesn't matter what your divorce decree says you're liable to the creditor. If your decree obligates your ex-spouse, your only recourse is to sue her on that contract the divorce decree. Bankruptcy, if you qualify, will discharge the debt but leave your obligations under the decree unchanged.
Answered on Apr 08th, 2013 at 12:20 AM
John Arthur Smitten
Try to work out a payment plan with the credit card company. Get it in writing.
Answered on Apr 07th, 2013 at 9:21 PM
Once a creditor obtains a judgment, they can utilize the services of local law enforcement to take money & property from you by wage garnishment, bank account attachment, liening any real estate you own, and taking property not protected under state laws called exemptions. If you can qualify to file bankruptcy, you can eliminate this debt in bankruptcy, but if the creditor has recorded a lien on any of your real estate, a supplemental proceeding will be necessary to remove that lien. As you are finding out, the divorce court can say one thing, but if the person you married is irresponsible, you can be stuck holding the bag. IMHO, anyone thinking about getting married ought to think twice and have an investigator check out the financial background of the intended.
Answered on Apr 05th, 2013 at 5:45 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Answers to some of your questions are dictated by the law where you live.
Answered on Apr 05th, 2013 at 5:44 PM
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If your ex was ordered to pay under a divorce decree and filed a chapter 7 bk then her obligation to you to pay those debts listed under the decree are nondischargeable and you may take her back to family court. Or you may file bk yourself and discharge your obligation to pay the creditor.
Answered on Apr 05th, 2013 at 5:44 PM
Bankruptcy Law Business Attorney serving Asheville, NC
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Pitts, Hay & Hugenschmidt, PA
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You can definitely deal with the credit card judgment in bankruptcy court.
Answered on Apr 05th, 2013 at 3:25 PM
Bankruptcy Attorney serving Dallas, TX
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Polk & Associates
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If the time for doing so has not already expired, you could file an appeal in the lawsuit where the judgment was rendered. You would need to assert some reason why it's wrong and point out what mistake the trial court made. If the time already has run out or if the trial court did not make some particular mistake, then I don't see any way for you to dispute the judgment at this point. You also asked whether a bankruptcy can get rid of the judgment. The answer is yes, a bankruptcy could wipe it out (which is different than disputing it).
Answered on Apr 05th, 2013 at 3:12 PM