Asked about 4 years ago - Los Angeles, CA
FlagBack in the 90s a friend was involved in an accident and plead no contest to vehicular manslaughter. While in prison, and unable to defend himself, a civil suit was filed and a default judgement was entered. He has no recollection of ever being notified of the judgement. Recently the judgement was renewed and he would like to discharge it in bankruptcy. He has obtained a copy of the judgement which states that he was intoxicated while driving. This is false. Is there anything that can be done to correct this so he can file bankruptcy?
The bankruptcy laws are very tough on drunk drivers. Under the sec 523 a debt for personal injury caused by the debtor's operation of a motor vehicle while unlawfully intoxicated is not dischargeable.
But if your friend files for bankruptcy the person that has a judgment against your friend must prove the fact that your friend was drunk in the bankrutpcy court in order for the debt to be non dischargeable. The fact that your friend has a judgment against him which says he was drunk can be used as evidence but it is not conclusive.
There is a doctrine called Collateral Estoppel. This doctrine provides that an issue that has been decided by a court is conclusive under certain circumstances. But it only applies if the original judgment was on the merits. You friend lost by default - not on the merits. So Collateral Estoppel does not apply.
If there is no evidence that your friend was drunk when the accident happened they he should be able to win in bankrutpcy court and the debt will be discharged.
But, as is often the case in our legal system, one has to be able to afford justice in order to obtain justice. Can your friend afford to fight this in bankrutpcy court?
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
Under California law, a defendant has maximum of 6 months to set aside a default judgment. It is usually hard to set aside older judgments. You must immediately consult your own attorney to protect your legal rights.
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