If they get a judgment, they can garnish your wages or levy on your assets. As to garnishment, if your income is not enough to pay your basic expenses if they garnish it, you have to file a timely claim of exemption. Otherwise, you can file a bankruptcy case to discharge the debt altogether; however, you need to figure out if the amount of your income over the last 6 months and the size of your family is such that you qualify for a Chapter 7 case. If not, then you may need to file a different chapter, which may require you to pay back some portion of what you owe, though not necessarily all of what you owe for example, if after you pay your basic living expenses you only have $100 leftover every month, in exchange for $100 per month for 36 to 60 months, you may discharge up to $360,000. You should consult an expert bankruptcy attorney as soon as possible to assess your situation and options. The passage of time may change your options.
Answered on Jan 26th, 2012 at 12:15 PM