Can I file bankruptcy on this civil suit to absolve the debt? What can I do, what are my options?

Asked over 1 year ago - Toms River, NJ

I was sued in 2009 in civil court for assault. A default judgment was passed on me (Without my knowledge). There was no criminal charges or even questioning for the same incident. If they try to collect and I file bankruptcy will it absolve the debt? I am not sure if the exact term on the default judgment was assault or not but I know it has to with a fight that took place in 2007. Also, if I live in another state than the judgment is it still as easy to collect? What can I do? I hate having to hide my assets over a ridiculous thing. I need to some help! Also, they settled for a lesser amount and time passed. When I went to give them that amount that declined it. No counter offer, nothing. I need advice.

Attorney answers (3)

  1. Leonard Roy Boyer


    Contributor Level 16


    Lawyers agree

    Answered . You need to consult with a local bankruptcy attorney and bring all documents pertaining to this to that attorney. Good luck.

    Without meeting with you, and knowing all the facts and circumstances of your case, my opinion is not to be... more
  2. David John Hastings

    Contributor Level 11


    Lawyers agree

    Answered . It sounds like the debt was for an intentional tort, which is generally not dischargeable. However, you might want to take your documents to a local attorney to make sure. Once they look over your court papers they'll have a much better idea of exactly what the creditor can do, and what your options are to deal with it.

  3. Dheeraj Kumar Singhal

    Contributor Level 13


    Lawyers agree

    Answered . These types of situations are generally very fact driven. You need to speak with a local bankruptcy attorney to get a better idea of your options.

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