Judgment & Bankruptcy in Florida

[rose33461]

What is the name of your state? Florida

I was recently sued by a collection agency who bought my Discover account. I was contacted them after receiving a summons informing of the impending lawsuit and to call them to settle. I called the collection agency which turns out to be a law firm/coll. agency and said I would attempt to make a settlement. They never got in touch with me again and I was now informed by the court that a Judge issued a judgment against me for the full amount, interest, filing fees, etc.

If I decide to file bankruptcy (due to additional credit card debt), can this judgment be included in Chapter 7 and be eliminated along with the remaining credit card debt I carry? They want me to fill out a form stating my bank accounts, property, etc to be returned within 45 days. What is the procedure in this type of situation? Also, if I avoided bankruptcy and were able to eventually settle the account for 50%, would the company do so or does the judgment for the full amount remain intact? Any help would be appreciated -- I can't afford a lawyer at this time and Legal Aid does not help with this type of case. Thank you.

[azatty]

Yes, the debt can be discharged in bankruptcy. DO NOT give them information about your bank accounts, employment, assets, etc. They'll file for a writ of garnishment and take the money out of your accounts.

[Kanchazi]

I think if you fill out the questionare you have to be honest, becareful about lying or withholding info.

[Ladynred]

If that request for information is in the form of Interogatories from the court, then you are REQUIRED to give them that info and return it to the court per instructions. To fail to do so will get you slapped with contempt of court and it's possible for a bench warrant to be issued against you. UNLESS you're going to file for bankruptcy BEFORE your 45 days is up, then you HAVE to fill it out.