I read some where that in California there are 2 kinds of exemptions for judgements: 1) automatic exemptions like disability income that don't have to be claimed, and 2) exemptions that must be claimed or will be waived. These exemptions are something like the exemptions for property in bankruptcy. I don't know how these must be claimed? After a judgement is filed, I'm assuming I'd have to file something with the court within so many days to preserve my rights to the exemptions, or do I claim them, when they try to collect some how?
I can't find the bookmark for the link that said in CA you have to claim certain exemptions for judgements or you waive your rights to them. The info may have been correct or bull. I don't know? That's why I'm asking...
I'll be getting a default judgement in about 10 days for around 3.5k in CC debt. I won't be able to file CH7 until next year. There's a mountain of other debt, so CH7 is my best option. I'm self employed and very low income, so no garnishments. No assets, car isn't in my name (not married), and I closed my checking account a few months ago and have gone to cash. I don't see them getting anything, unless they do the debtor's exam, and then I'd have to decide what to do.... because I need the debtor's exam paperwork to jive with any future BK paperwork.
This is why I'm asking about collection exemptions in CA. Because, if they do the debtor's exam and I claim exemptions, and they say, sorry you waived your rights to these exemptions by not filling with the court within so many days of the judgement, then I'm screwed, because I'll have admitted to having all of this stuff.
I read that the debtor's exams are rare, but some states allow for mail in exams making them more likely to happen because that makes them cheap to do. I don't know if CA allows for these debtor exams by mail in forms.
Any info any of you might have would be appreciated.
Thanks!
I can't find the bookmark for the link that said in CA you have to claim certain exemptions for judgements or you waive your rights to them. The info may have been correct or bull. I don't know? That's why I'm asking...
I'll be getting a default judgement in about 10 days for around 3.5k in CC debt. I won't be able to file CH7 until next year. There's a mountain of other debt, so CH7 is my best option. I'm self employed and very low income, so no garnishments. No assets, car isn't in my name (not married), and I closed my checking account a few months ago and have gone to cash. I don't see them getting anything, unless they do the debtor's exam, and then I'd have to decide what to do.... because I need the debtor's exam paperwork to jive with any future BK paperwork.
This is why I'm asking about collection exemptions in CA. Because, if they do the debtor's exam and I claim exemptions, and they say, sorry you waived your rights to these exemptions by not filling with the court within so many days of the judgement, then I'm screwed, because I'll have admitted to having all of this stuff.
I read that the debtor's exams are rare, but some states allow for mail in exams making them more likely to happen because that makes them cheap to do. I don't know if CA allows for these debtor exams by mail in forms.
Any info any of you might have would be appreciated.
Thanks!