Never posted before - I'm not sure if this is the right place to post...

[Brain Blitz]

What is the name of your state? CA

I'm a 'potential' creditor in a consumer bankruptcy case. I was severely brain injured in an auto accident April 1996. I'll spare you the details other than telling you I suffer from epilepsy as a result of my injury.

One defendant (a company/individual combined) already dismissed my 'not-yet-reached-judgment' in bankruptcy. I have a default against another defendant (the driver) and I want to protect my rights. But I'm not interested in money. What I want most is for this man to perform 100 or 200 hours community service with people with severe head injuries to understand the struggles and challenges the last 9 years have brought me. I don't think this judgment can 'stick' without a huge financial debt that would hang over his head if he does not comply. I'm hoping someone who reads this board knows if, because he has another 'out' from the debt, the dollar value can be protected from bankruptcy.

As it is, I live in Georgia. My funds are limited - I can now only work part time at Starbucks rather than my career as a paralegal. I do not feel a trip to California is worth the expense if he is able to dismiss a dollar judgment in bankruptcy.

As this appears to be the location for filers to post, how would anyone feel if this were the judgment option given to you?

Any advice/help is welcome.

Thank you

[bigun]

I'm not sure I understand what you're talking about but I don't think community service can be ordered as a remedy in a civil suit.

[Brain Blitz]

Thanks bigun,

You understand what I'm talking about. That's exactly the sort of judgment I'm looking for. That's my first question... I need to research that. Thanks for the focus - I'm a litigation paralegal, you'd think I'd know these things!

Even if that is a possibility, I don't believe there is any way to enforce a community service judgment. From what I understand, it won't matter if he complies or not - the judgment would just swing in the breeze. I'm hoping to find a way to make the judgment hang over his head until he does something about it. In my mind, the best way to do that is to have a dollar figure crushing his credit. Once he completes the community service, the dollar judgment would disappear.

I suppose my question is this: Is it possible to claim bankruptcy on a judgment amount when you have another way to dismiss the debt?

[bigun]

If the accident did not involve DUI or some crimunal activity he can get the judgment dismissed in bk. Your default judgment involved a specfic dollar remedy. I don't see how you can then sue for some sort of community service.