Can I File Bankruptcy to Get Rid of a Judgment Against Me?


Question: I don’t even think I got any lawsuit or papers, but now I’ve got a judgment against me. I don’t think I was served. Can I file bankruptcy to get rid of a judgment?

Basically I started my own business with a partner, a guy I knew from my old job in Alpharetta. He seemed pretty smart and he had some cash he wanted to invest and we started a business in Sandy Springs. I thought we’d just let someone else run it and we’d make money, and that it would be pretty easy to do. I invested a lot of savings that I had and I took money out of my 401 (k) and an IRA and I even borrowed some money from my autistic sister who lives in Woodstock.

But the business was not run well and I lost the money and now I’m in debt and a creditor who sold us some supplies somehow got a judgment against me and the business. I personally guaranteed that the loan would be paid.

I’m still working and I’m afraid they’ll get a judgment against me and then garnish my wages and then my boss will fire me for getting a garnishment because he always said he hates garnishments.

I need to make that judgment go away and I need to go declare bankruptcy now. You were recommended to me by my cousin because you were her bankruptcy lawyer.

V.T. in Roswell, GA

Answer: Filing bankruptcy can eliminate a judgment and is a reason many people file. Once we file, the creditor cannot enforce the judgment and that will stop the creditor from being able to garnish your pay.

Many people file bankruptcy when they find out they have a judgment against them. The judgement can be used to not only garnish your wages, but to put liens on your home or a levy on your bank account. Obviously, no one wants any of those things to happen.

Judgements can be eliminated by filikng either a Chapter 7 or a Chapter 13.

Let’s schedule an appointment so we can go over the procedure to have the judgment wiped-out in bankruptcy so that way you don’t have to worry about a garnishment, a bank levy or a lien.

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