0
This answer depends on the judgment and whether the person holding the judgment will pursue it. There are some debts that will not be discharged upon filing for bankruptcy and these include (but are not limited to):
- All debts not listed in the bankruptcy petition
- Student loans - unless undue hardship to repay
- Taxes - Federal, state, and municipal
- Fines for violating the law: including criminal fines and traffic tickets
- alimony and child support
- Debts for personal injury caused by driving while intoxicated
In addition, a creditor may ask a court to determine that some debts are non-dischargeable, including:
- Debts incurred because of fraud
- Debts for willful injury to another's person or their property
- Divorce and other property settlements
- Debts from embezzlement
What else can I help you with?
Can you file for bankruptcy if you have a civil judgment for contractually liable debt in California?
Yes, you can file for bankruptcy in California even if you have a civil judgment for contractually liable debt. Filing for bankruptcy can potentially discharge or restructure that debt, depending on the type of bankruptcy you file (Chapter 7 or Chapter 13). However, certain debts may not be dischargeable, and it's important to consult with a bankruptcy attorney to understand the implications of your specific situation.
Do the California Statutes require that an Acknowledgment of Assignment of Judgment be notarized before filing?
California law mandates an Acknowledgment of Assignment of Judgment be acknowledged before a notary public. (See Calif. Code of Civil Procedure Sec. 673.)
Where are the California Court Rules on filing an Acknowledgment of Assignment?
California law mandates an Acknowledgment of Assignment of Judgment be acknowledged before a notary public. (See Calif. Code of Civil Procedure Sec. 673.)
Filing chapter 7 after negotation a debt through court?
Assuming you mean a payment plan for a debt that a creditor got a judgment for in civil court, and you are asking if you can file Chapter 7 (and qualify to do so), yes, you can, and the repayment agreement then is subject to the bankruptcy court automatic stay.
Can you claim a civil judgment debt on any type of bankruptcy?
It depends on what the civil judgment was for. For example, judgments for medical or credit card collections may normally be discharged by any chapter of bankruptcy. But, if for example the civil judgment was for damages caused from drinking and driving, or for an intentional tort, such as battery or conversion, (and yes I'm talking about the civil actions that may be brought by individuals for these acts, not the criminal acts which may be brought by the State), then the civil judgment may or may not be dischargeable by chapter 7, and filing chapter 13 may be more adviseable. You'd need to do some research or to speak to an attorney in your jurisdiction to know for sure. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
Answer civil suit in CA?
In California, answering a civil suit involves filing a formal response to the complaint within 30 days of being served. The response can include an answer, where you admit or deny the allegations, or a motion to dismiss if applicable. It's crucial to follow the California Rules of Court and include any affirmative defenses you may have. Failing to respond can result in a default judgment against you.
Is FTA in Ca small claims court a misdemeanor?
No, filing a false FTA (failure to appear) in a California small claims court is not a misdemeanor. It is a civil matter and can result in a judgment against the individual who failed to appear. Criminal charges may be pursued in extreme cases of intentional deception or fraud.
How do you get a judgment taken off your credit report?
MOST JUDGMENTS, INCLUDING SMALL CLAIMS, CIVIL AND CHILD SUPPORT, WILL REMAIN ON YOUR CREDIT REPROT FOR 7 YEARS FROM THE FILING DATE.
Is there a statute of limitations on civil judgments in California?
Yes, a civil judgment is good for 10 years from the date of the judgement. Once that 10 years is up they can renew the judgment again for another 10 years... After that 10 years its a dead judgment.
How do you challenge a civil judgment in the state of California if you missed the court date?
File a Motion to Quash This action relates to the validity of the judgment, non appearance is not a valid defense for having a judgment voided. If the defendant does not appear he or she loses by default and a judgment is entered in favor of the plaintiff.
Can a judgment be renewed after it expires in California?
No. A judgment must be renewed within 10 years under California Code of Civil Procedure, section 337.5 or it becomes unenforceable. However, if a defendant failed to timely raise this statute of limitations in defense, it could be waived.
Is child support a civil judgment?
In Illinois, each child support payment is a civil judgment.
