Can I discharge a civil judgment?

[Lithuanian]

I live in Oregon and am having trouble with a neighbor. He has filed a civil trespassing case against me. If he wins a civil judgment against me, will I be able to discharge it in my chapter 7 bankruptcy? I couldn't find a thread on this topic but if there's one please post a link. I'm so anxious about this that I can't eat or sleep. Any help from you all is appreciated since I can't afford a lawyer. I don't have money to hire a lawyer because I was in an accident, lost my job, and now am disabled, maybe permanently. When it rains it pours.

Lithuanian

[AngelinaCatHub]

A Judgment for Trespassing? On what basis? Did you break something? Usually you will get a trespass warning. But a suit for Trespassing? I have never heard of this. If he were to get a Judgment of some kind, yes it could be set aside. It is not just discharged and you have to do a bit more to get it set aside.

Please be a bit more informative as I cannot believe a civil suit due to trespassing. If you breached property lines that is one thing. A warning is due. If you damaged something that is NOT trespassing. INFORM us please. 'Hub

[BROKEDED]

I...don't...think a CIVIL trespass would be anything to worry about. Even a CRIMINAL trespass would have to have some serious charges with it to amount to anything I would think....like destruction of property, communicating threats, larceny, etc... Does he have a civil case against you or have you just been charged with trespassing and waiting for your court date to plea your case?

[2manybills]

The only civil judgments that are not dischargeable are those for fraud or "intentional infliction of emotional distress or punitive damages", like if you got in a car accident while you were drunk and the party sued you in civil court for injuries and damages, they would have a cause of action (well in California) for punitive damages and that portion of the judgment would not be dischargeable in bankruptcy.

[Lithuanian]

thanks for replying hub. since the case hasn't been heard yet, i cant detail the event in question. in oregon trespassing doesnt require a person cause physical harm to property for trespass to have happened. it seems to be enough that a person trespasses on private land. the law is at oegonlaws dot org 105.700. (I'm not yet allowed to post a link) i don't know if the thousand dollars or a larger amount would be due by me.
thanks
lithuanian

[Lithuanian]

I...don't...think a CIVIL trespass would be anything to worry about. Even a CRIMINAL trespass would have to have some serious charges with it to amount to anything I would think....like destruction of property, communicating threats, larceny, etc... Does he have a civil case against you or have you just been charged with trespassing and waiting for your court date to plea your case?

my understanding is that some civil judgments arent dischargeable but i dont know if this is one of them. i guess it matters if it was an intentional trespass but i cant figure it out. maybe an expert will reply ... i hope.neighbor has a civil case against me.
lithuanian

[Lithuanian]

2manybills:
are you saying that all intentional acts that result in a civil judgment are not dischargeable or that only intentional infliction of emotional distress claims are not dischargeable?
thanks
lithuanian

[2manybills]

In other words, if you get behind the wheel drunk, you know that doing that can cause pain and suffering or possibly kill someone. That is intentional infliction of emotional distress, causing someone else pain and suffering.

What I would say is that it is more of a malicious act that is considered intentional. I hope I'm making sense.

[Lithuanian]

2manybills
i'm not clear on what you're saying. intentional infliction of emotional distress and driving while intoxicated are likely two different issues, but i think you're saying that when a person intentionally harms another then those judgments arent dischargeable? do i understand you correctly? if so, please post a link to the law.
thanks,
lithuanian

In other words, if you get behind the wheel drunk, you know that doing that can cause pain and suffering or possibly kill someone. That is intentional infliction of emotional distress, causing someone else pain and suffering.

What I would say is that it is more of a malicious act that is considered intentional. I hope I'm making sense.

[free2breathe]

Generally speaking, the exceptions to discharge apply automatically if the language prescribed by section 523(a) applies. The most common types of nondischargeable debts are certain types of tax claims, debts not set forth by the debtor on the lists and schedules the debtor must file with the court, debts for spousal or child support or alimony, debts for willful and malicious injuries to person or property, debts to governmental units for fines and penalties, debts for most government funded or guaranteed educational loans or benefit overpayments, debts for personal injury caused by the debtor's operation of a motor vehicle while intoxicated, debts owed to certain tax-advantaged retirement plans, and debts for certain condominium or cooperative housing fees.

Found at http://www.uscourts.gov/FederalCourt...ankruptcy.aspx
Hopefully that helps a bit?

[2manybills]

Thanks free2breathe, you got to it before I could. That's it in a nutshell, but it would have to be a part of the complaint that was filed. So if there is a judgment already, then there would be a cause of action in the original complaint for punitive damages, intentional infliction of emotional distress, something like that.

[tcreegan]

Hi Lith,

The civil trespassing charge will go before a local court, the judge will rule on amt of fine; 1 to 1,000 dollars
You will owe this to the state of Oregon and it is not dischargable

NOW...if you broke some of their stuff, set a car on fire, cut down a big tree so it falls into the house, now we have a different story....a fine paid to the state AND $$$ in damages that goes to person whose car is on fire...and none of this is dischargeable

If you're not paying the guy w. the burnt car and crushed house, he can get a judgment as a way to collect from you. This judgment is not dischargeable b/c the debt it covers is non-dischargeable.

We that was a bunch of gobbly-goop, hope some of it makes sense to someone....

Tom in Colo