What happens if I got a deferred judgement from filing a chapter 13 bankruptcy? 8 Answers as of April 24, 2012

I am in the process of filing for Ch. 13 bankruptcy and just received a deferred judgement against me on a civil suit. How much time do I have from the deferred judgement date to file for Ch. 13 bankruptcy without garnishment or liens being issued?

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Philip R. Boardman, Attorney at Law
Philip R. Boardman, Attorney at Law | Phil Boardman
I think you mean a "default" judgement. If the creditor is very aggressive, you could be garnished in about a month if you do not file the bankruptcy first.
Answer Applies to: Virginia
Replied: 4/24/2012
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
They can obtain abstracts of judgment as soon as the the judgement is final. See a lawyer now.
Answer Applies to: California
Replied: 4/6/2012
T.K. Byrne | Timothy K. Byrne
Figure 30-60 days after judgment, application for garnishment, and service on your payroll and/or financial accounts.
Answer Applies to: Mississippi
Replied: 4/4/2012
Law Office of J. Thomas Black, P.C.
Law Office of J. Thomas Black, P.C. | J. Thomas Black
I think you mean "default" judgment. If your attorney is not aware of the default judgment, be sure to tell him or her about it. If you are in Texas, it is possible that with a judgment, a creditor could garnish your bank accounts right away. I would not keep money in a bank once you have a judgment against you. Your wages are exempt from garnishment in Texas, but not once you put them in a bank account. And if the judgment is from another state, garnishment is likely available to them whether or not you now live in Texas. A creditor can also file an "abstract of judgment" against you right away, which creates a lien on any non-exempt real estate that you own in the county in which the abstract is filed. If you only own your homestead, that should not be too much of a problem, as technically judgment liens do not attach to homestead here in Texas. But if you have non-exempt real estate like a rental property or a lake lot, the judgment lien may attach to that property. Best bet, don't delay. If you are going to file Chapter 13, do so quickly to avoid any attempts by creditors to seize or put a lien on your assets.
Answer Applies to: Texas
Replied: 4/4/2012
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
There's no way to tell. The process and expediency of the lawsuit usually depends on the motivation of the creditor and cooperation of an employer.
Answer Applies to: Indiana
Replied: 4/4/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Once you file your chapter 13 case, it will stop the creditor from being able to collect on the case.
    Answer Applies to: California
    Replied: 4/4/2012
    Law Office of David P. Farrell
    Law Office of David P. Farrell | David Farrell
    If the debt upon which the judgment is based was incurred before you filed bankruptcy, you should have listed the debt in your Petition and provided for the claim under your Plan. The automatic stay remains in effect during the Plan period which prohibits things like wage garnishment and perfection on liens. Hopefully you did not file Chapter 13 without an attorney. If you did, you should contact an attorney immediately.
    Answer Applies to: California
    Replied: 4/4/2012
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    The filing of the bankruptcy annuls or cancels the judgment and any action against you to collect the judgment. Immediately upon filing the order takes effect. You need to give notice to the judgment holder. If there was a lien filed against you then you need to have your attorney file a motion to set aside the judgment lien.
    Answer Applies to: California
    Replied: 4/4/2012
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