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Can a small claims judgment be discharged under chapter 13?

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2011-09-12 15:09:16
2011-09-12 15:09:16

It depends on the natures of the debt, but the answer is almost always yes. There are a few types of debts that are automatically nondischargeable (i.e. child suppport) and other types that are nondischarge if the creditor takes the proper legal steps to avoid the discharge (i.e. fraud). However, most civil judgments are dischargeable.

One word of caution: even if if a judgment is discharge, any judgment liens are NOT automatically discharged and may require further proceedings to be filed with the bankruptcy court.

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YES, I CONFIRMED THIS ANSWER WITH a bankruptcy attorney. JUDE KAGABINES LEXINGTON SC

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Yes, unless the judgment was a result of fraud. If the judgment creditor has filed a judgment lien against any of your property, you will need to take the additional step of filing a petition under Section 522(f) of the Bankruptcy Code to remove the lien. Be sure to tell your attorney about any liens that you might have against you.

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If you have a valid small claims judgment that is wholly or partially unsatisfied, you may assign the judgment to a third party by filing an Assignment of Judgment form with the clerk of the court. Contact the court for a copy of this form.

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It depends on if it was a small claims judgment or a civil judgment. Small claims are good for 6 years from the date of judgment and civils are good for 10 years. The judgments can be renewed before they expire.

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If a tenant does not pay after a small claims judgment, then a garnishment can be placed on their checks. You will need to speak to an attorney for more details and laws your state.

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A small claims court judgment stays on your record permanently unless it is satisfied, then it will probably still be there but show satisfied. Most people do not look at a judgment if it is over 7 years old.

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Yes. If the losing party asks for reconsideration, the judge can decide to vacate the judgment. Also, if the losing party appeals (provided your state allows for small claims appeals), and is successful, then the judgment would be reversed.

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Yes. Collections alone cannot order you to pay; you must pay voluntarily. With a small claims judgment, the creditor can attach the judgment to your assets.

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Yes, it is possible to get a judgment in Small Claims Court for $168.00.

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It all depends on the laws and court rules of the state where the court is. But usually even a default judgment in a small claims court will count as a judgment lien, although a default judgment usually can be set aside if there were reasonable excuses for the default and if there is a meritorious defense. Some small claims courts require that a transcript of the judgment be sent to a central judgment docketing office, meaning that the judgment is not an automatic statewide lien as a judgment in a regular trial court would be.

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It is nearly impossible to overturn a default judgment unless you can prove that you were not served properly.

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In most states small claims judgments are monetary only. The judgment holder would need to execute the judgment as a wage garnishment or bank account levy when a debtor does not voluntarily pay or make arrangements to pay the debt. Once the judgment holder has decided how to execute the judgment he or she files for a writ of garnishment in the office of the clerk of small claims court. Court clerks can only impart procedural information. They cannot (will not) give legal advice or comment on a case that has not been adjudicated.

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In most states a judgment can be obtained in small claims court for an amount owed of $20 to $5,000. Your answer is yes.

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If one party in an action does not appear at the trial/hearing the court can make a default judgment. This judgment is binding unless overturned at a later date.

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An order is signed by a Judge and is law. Yes the lien holder can present this judgment and force a garnishment.

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Yes. Otherwise the judgment will be in favour of the other party.

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Florida Small Claims Form 7.343 is Fact Information Sheet. It has two versions: (a) For Individuals, (b) For Corporate Entities. In a judgment in small claims court, the judgment creditor is the person to whom money is owed. The judgment debtor is the person who owes the money.At the request of the judgment creditor (or the creditor's attorney), the judge will order the debtor to complete Form 7.343 within a specified time.

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It varies by state, but post judgment remedies generally include garnishments, levies, and attachment to property.

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No. Community Service is imposed for criminal law; the small claims court is for civil actions. All they can do is agree the debt owed to you, and enforce settlement.

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IF its from a small claims court,they almost never have the ability to back up the judgment, most likely it will go against your credit rating if its an order to pay up !

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No. Unless you have furnished labor or materials to the contractor, you have no cause for a claim of lien. You will need to obtain a judgment against the contractor. If you are having a dispute with a contractor, I highly recommend the use of small claims court. Small claims is very inexpensive, and you do not need any legal experience or attorney to file your case. If your case is over the small claims jurisdictional limit in your area, you will need to see an attorney to pursue your case (look in the phone book for an attorney who gives "free consultations").D P.S. I was in a similar situation as you with a contractor. I used small claims, and won a small claims judgment plus court costs and service fees. Don't give up--go to small claims and get justice!


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