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Bankruptcy Law/Small Claims Judgement

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Question
Hi...
I lost a small claims decision against me for $2,000 for a computer. I have been making the payments, but it's hard to keep up with the payments. I am sending a request to the law firm I've been paying for a statement saying what I owe and if there is any interest still accruing. If I'm making payments that aren't making a dent in my total debt, I may want to stop paying (what's the use?). However, I cannot have them attach my wages. How do I get out of this? Will bankruptcy help me out even though I lost a judgement? How long after I stop paying them can they start to garnish my wages? I need options, because I can't pay for this piece of junk PC the rest of my life!

Thanks,
Neal

PS...I'm in CT.

Answer
Yes, the small claims judgment is dischargeable in bankruptcy (assuming it was not a fraud judgment).  However, $2,000 is an awfully low amount to be filing bankruptcy on.  As far as whether and how they can garnish your wages, that depends on the collection laws of your State.

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Mark J. Markus- California Bankruptcy Attorney

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Mark J. Markus is a Los Angeles bankruptcy attorney who has practiced exclusively bankruptcy law in California since 1991 and is rated A+ by the Better Business Bureau and is AV-rated by Martindale-Hubbell. He represents debtors, creditors, and Trustees in Chapter 7, Chapter 11, and Chapter 13 of the bankruptcy code throughout California.

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Visit our California bankruptcy webpage at http://www.bklaw.com for more information on bankruptcy in general and Mark J. Markus in particular. Many questions are answered on the web page (hint, hint).
The Markus webpage also contains more information on

  • Which Chapter to File,
  • business bankruptcy,
  • chapter 7 bankruptcy,
  • chapter 11 bankruptcy,
  • chapter 13 bankruptcy,
  • Do You Need a Lawyer to File Bankruptcy?
  • Frequently Asked Bankruptcy Questions

    Also visit our Los Angeles bankruptcy blog for interesting articles and much more.



    Organizations
    Central District Consumer Bankruptcy Attorneys Association (CDCBAA) Los Angeles County Bar Association (LACBA) Commercial Law & Bankruptcy Section of the Los Angeles County Bar Association Financial Lawyers Conference (FLC) National Association of Consumer Bankruptcy Attorneys (NACBA) Los Angeles Bankruptcy Forum (LABF) American Bankruptcy Institute (ABI) San Fernando Valley Bar Association (SFVBA)

    Publications
    Central District Consumer Bankruptcy Attorneys Association Newsletter September 2007 (Vol. 1, Issue 2)

    Education/Credentials
    J.D., University of Arizona 1990. B.A. Economics, California State University, Northridge 1986. For more details please click here

    Awards and Honors
    AV Rated by Martindale-Hubbell (http://www.martindale.com) A+ Rated by Better Business Bureau

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