Should I file chapter 7?

[jeannies74]

I currently am unemployed and I have a judgment against me for 12,000.00 for an old credit card debt. I own no property whatsoever (no car, no home). I have no assets and less than 20.00 in my bank account. Essentially I am flat broke. I am in Delaware btw. The attorney transferred the judgment against me to superior court. My understanding is that if I had any property or get any property in the future that this allows them to obtain an automatic lien on it. If I file bankruptcy will they still be able to get a lien years down the road even though the debt would be discharged? It's all so confusing! I am going for a job interview on Tuesday and I am hoping this judgment doesn't prevent me from being hired. I know I never should have let this debt get to this point. I was going through so much personally at the time that I just didn't take the necessary steps to deal with it. I was helping care for my terminally ill stepfather. He died last year. I know everyone has a story and it isn't an excuse. I just want to get this taken care of and move on. i have definitely learned my lesson about credit and paying bills.

[keepmine]

A bk wipes out the underlying debt that created the judgment. Once discharged, your lawyer will need to vacate the judgment. Pretty routine.
As to if you should file-look at the totality of your circumstances. How much debt is addition to the $12K would you discharge?
If $12K is the total, you may be better off seeing if you can settle it at some fraction of the amount owed.
Your first order of business is, getting a job and being able to support yourself post bk. I'd put this on the backburner until you get your finances stablized. BK will always be an option going forward.

[btbeme]

Start soon by talking to local BK attorneys. Most have a free initial consultation. Having a judgement might affect your ability to get certain jobs, but I can guarantee that a judgement will find and garnish your pay check sooner or later.

So, be proactive and start the ball rolling. Talk to attorneys. Map out a plan. Get your job and your life pointed in the right direction before filing - you will be amazed at how easy that actually is, by the way.

But it is 100% up to you to get it started, and most importantly, to walk the right path after your BK.

[jeannies74]

Thanks. The judgment is up to 12,000.00 now because of the interest. It is my only debt. All the others I either settled on or they are way beyond the SOL for Delaware. The judgment does not show on credit reports for any of the credit bureaus. It does show up on the state's court connect website. The status of it is default judgment filed and then on the actual docket it says transferred to superior court. Since courts almost always grant the judgment I just figured the credit bureaus missed it and I got lucky that it isn't on there. But I don't know if it will show up elsewhere on the employment background check. I know they will garnish me but it would only be 15% since that is the law in DE. And only if I make more than the federal law exempts from garnishment. I figure bringing home some money is better than none. and luckily they cannot garnish a checking acct. in DE. I was planning on contacting legal aid to get a referral for an attorney since I can't really afford one that would charge me the full legal fees. I'm just hoping for now that I get a job. I haven't opened any accounts in over 10 years and i don't intend to. I have student loans to pay back so I don't need any other debts. They are in forbearance at the moment and when I get a job I plan to do income based repayment so the payments will be reasonable. Thanks for the advice and I'm going to my best to get things back on track!