If I file bankruptcy will I still have to pay a default judgement against me for $7000?

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If I file bankruptcy will I still have to pay a default judgement against me for $7000?

I was sued personally for a vehicle against accident on the job. The lady that hit me was not found at fault, I was. My employer’s insurance agency refuses to pay to get her vehicle fixed because she admitted to them that she was at fault. Since the judge found me at fault, she sued me personally. Now I have a default judgement against me for $7000.

Asked on February 8, 2011 under Bankruptcy Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Before we get to the issue of bankruptcy may I ask:  did your employer's insurance company at leastdefend you in the actions against you?  Did you have your own insurance policy and did you report the suit to them too?  If you did not have representation and were tried then a grave injustice was done to you.  And the employer's insurance company needed to at least defend you here.  Speak with someone about that.  Now, generally speaking,  if you list the judgement on the bankruptcy petition then yes, the debt can be discharged in bankruptcy.  But you need to be able to meet certain criteria now in order to file so you will need to speak with an attorney on the matter.  Good luck.  


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