Civil Judgement

[mitchel737]

What is the name of your state? Texas

I was recently involved in an accident and found out the following Monday that my insurance was lapsed. The guy that hit me does not have full coverage just liability. They are threatening to file a Civil Judgement against me.

On the other hand, I think that I can prove that he was speeding, and that there was no way for me to avoiding pulling out in front of him... because I never could have seen him in time......

If they sue me, and win a judgement, what exactly does that mean. I have nothing for them to take from me... I do not own property and I have no assets to speak of.

 

[stephenk]

if you lose the case or default a judgment will be entered against you.

The judgment will be entered on credit reports and remain for 7 years. An unpaid judgment will screw your credit rating.

If you work your paycheck could be garnished for a certain percentage until the judgment is paid. You would also be responsible for attorney fees and costs in enforcing the judgment.

You could also be subject to judgment debtor hearings. You are called into court where you are questioned by the creditor's attorney about your current assets, bank accounts, credit cards, property, etc.

Since you dont have anything you can consider filing bankruptcy and wiping out the judgment. A bankruptcy stays on your credit for 10 years and you wont be able to get credit except for outrageous interest amounts.

 

[mitchel737]

Someone had mentioned that I could file bankruptcy, will that wipe out the judgement completely? Or would they still be able to collect against me... We are talking about a judgement around $18,000

 

[mitchel737]

Stephen, Thank you for your advice! If the bankruptcy thing wipes out the judgement, then that might be my answer!

I would still like to know more details about the bankruptcy though! I want to do the right thing, I feel horrible about the entire situation and never thought I would ever have to deal with it!

Please advise?

Mitchel