Question Judgement

[outaluck]

Can I file BK with a civil judgement against me?

[DebtEnder]

no to sound short but yes.

Slightly longer answer. BK will stop all future collection efforts resulting from the judgment but to get the judgment removed off a credit report, or vacated, you will need to file a motion with the court that rendered the judgment after your discharge is complete.

[outaluck]

1988 I had a car accident and was sued for 25 $ rest of my life ( no 1 was killed ). 1993 moved out of state and proceeded with life and i dont know what happened but i never heard from this issue . 2008 i moved back to the state the accident happened and some how this made into the hands of the police and i was arrested lastnight. posted bond and got out. i now have to make a court appearance soon and am worried im going to goto jail for contempt. back in 88 the attorney for the 1 who sued me said i can never file BK against this issue. is this true?

[justbroke]

Strange... sounds criminal, not civil. What was the charge for the arrest? The only way you couldn't have filed BK against this, is if it was a criminal offense. Did you leave the scene of an accident? Were you charged with reckless driving or something?

I still can't tell what's really going on.

[outaluck]

this was not criminal in any way. i was arrested for not paying the 25 a week is all. i received a ticket from the accident in 88 it was passing in a no passing zone. thats it.....

[DebtEnder]

Was there a criminal action that caused this accident? You said it was a civil case.

If there was nothing criminal involved in the case then that attorney was blowing smoke. If the accident was due to a DUI or other illegal action then there is some caveat there and would not be discharged.

See below for a list of debt that can't be discharged with highlight of the one that might apply

Debts for alimony or child support, certain taxes, debts for most government funded or guaranteed educational loans or benefit overpayments, debts arising from death or personal injury caused by driving while intoxicated or under the influence of drugs, and debts for restitution or a criminal fine included in a sentence on the debtor's conviction of a crime

[DebtEnder]

Ok you posted the info as I was writing. That accident was not because you were under the influence it was a misdemeanor crime as such it should be discharged.

That other attorney acted like most collectors and lied to your face to prevent you from doing what is within your right. File BK before you get a contempt charge which is a fine from the state and not discharged.

[outaluck]

i believe its the 1 not highlighted. the 1 about blowin smoke up my arse.

[outaluck]

can i goto jail for contempt?

[keepmine]

can i goto jail for contempt?

You got arrested on a contempt warrant didn't you?

You need to get yourself to a lawyer in a hurry.

[OhioFiler]

The court ordered him to either pay a fine or make restitution in $25 weekly installments. He failed to comply and a warrant was issued for his arrest, probably years ago.

I don't believe this debt is eligible for discharge.

[DebtEnder]

Before the contempt charge I think he would have been fine. After being arrested it does add a wrinkle to it. He may have to pay a contempt fine to the court but the underlying debt is still civil.

[OhioFiler]

Before the contempt charge I think he would have been fine. After being arrested it does add a wrinkle to it. He may have to pay a contempt fine to the court but the underlying debt is still civil.

I disagree. From your post above:

debts for restitution or a criminal fine included in a sentence on the debtor's conviction of a crime

[DebtEnder]

I agree any charge from the contempt of court is his to pay. But the debt his judgment is based on is not criminal.

You might even say the amount he should have paid up until filing is cannot be discharged but future payments I think would be. Although I tend to disagree with this POV. It's really something a GOOD bk lawyer should get involved in.

If you remove the whole contempt of court issue I would think based on the info at hand that this debt can be discharged. The contempt thing is a separate issue.

[OhioFiler]

He was ordered by the court to make restitution. It was not a civil matter.