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.
YES, I CONFIRMED THIS ANSWER WITH a bankruptcy attorney. JUDE KAGABINES LEXINGTON SC
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.
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.
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.
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.
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.
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.
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.
pensions cannot be garnisheed
Yes, it is possible to get a judgment in Small Claims Court for $168.00.
YOU SUE THE ESTATE