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JPEsq.
JPEsq., Criminal Defense Lawyer
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"Had DUI felony injury 10 years ago, Tried to put them in bankruptcy

Resolved Question:

"Had DUI felony injury 10 years ago, Tried to put them in bankruptcy court, But they got awarded 6million. Now they filed a involuntary lien on me and my cousin whose car i was driving. will they come after me now"
Submitted: 2 years ago.
Category: Criminal Law
Expert:  JPEsq. replied 2 years ago.

If they have placed an involuntary lien on your property (you don't say what they put the lien on), they are still trying to collect the debt. The same thing is true of a judgment renewal... there is no reason to do that unless they plan on using the courts to try to collect.

I cannot tell you if this particular person will come after you, but all signs point to the person still trying to collect. You may want to contact them and see what they want (or hopefully, their lawyer). You probably don't have 6 million dollars, but you may be able to get them to accept a more realistic amount that you can actually pay. But they might just be doing it to be spiteful, in which case, there is not much you can do since the judgment was already entered.

Customer: replied 2 years ago.

I dont have anything, But the car I was driving was not in my name its my cousin and he owns his house and drive his own tractor trailor.


 


My basic issue is this why did they waited for 10 years and now renewing the judgement . I know they had never put the lien why now.


Thx

Expert:  JPEsq. replied 2 years ago.

The judgment must be renewed or it will expire. There is no reason to renew the judgment prior to 10 years, as the judgment automatically lasts 10 years without renewal. See here: http://www.courts.ca.gov/1180.htm

If you don't have anything, there is nothing for them to get. They can't seize your cousin's property. They may just have done it while they were renewing the judgment... I would just wait and see if they do anything, they probably won't. But even if they do... there is nothing to be done, you don't have anything.

Customer: replied 2 years ago.

Sorry I was not clear the judgement was granted in bankruptcy court in year 2002 sept . Since I was filing my chapter 7 I did not contest it because I did not go and got a letter saying summary judgement is awarded to the other party for 6 Million. And now judgement is in the amount of 12 million with interest which i got yesterday.


I need one thing to clear I Never got anything from superior court as judgement.


 


Thanks

Expert:  JPEsq. replied 2 years ago.

Summary Judgment is the same as a judgment.

I am not clear on what you are saying about the bankruptcy... are you saying the judgment was discharged as part of the chapter 7? I think in the case of a DUI causing injury, that you would not be able to discharge that in bankruptcy.

Customer: replied 2 years ago.

No Sir the judgement was not discharged just because of DUI and says on the bankrupcty case its awarded to them.


But should not the it be recorded in superior court for it to be legal.

Expert:  JPEsq. replied 2 years ago.
Yes, the judgment should be recorded in the superior court. But if they were able to renew it, then the judgment has to exist.
Customer: replied 2 years ago.

So, I am done except just to wait and see if they want to garnish my wages or my cousins. And just sit tight or should I approach them.


Do you think they will bring the judgement down to in thousands and do a payment plan.


in your opinion

Expert:  JPEsq. replied 2 years ago.

It would not be reasonable to expect you to pay 6 million dollars... most people would rather have something that you can actually pay rather than nothing. The issue is if they take a garnishment, what incentive can you offer them to accept less? You would probably need to have some sort of lump sum to pay them.

They may try to garnish your wages, but they can only take up to 25%. All you can do is wait and see. Given that they went 10 years without doing anything, I would not contact them. I would just sit and wait.

Customer: replied 2 years ago.

Sir one last clarification


 


I do not have any money or anything just couple hundred in my checking account. If i am able to settle with them for couple hundred a month till i reach say 50k or 60k would they come also for my cousin.


 


Or if they do garnish would it be for 12 million and still come again after my cousin


 


On the personal injury lawsuit we both have our names, But in bankruptcy I did with my wife can they garnish her payroll also.


 


Thank you

Expert:  JPEsq. replied 2 years ago.

If they do have a judgment, it is $6m total, it doesn't double because there are 2 defendants. They can hold him responsible also... but if you get an agreement to settle, it would settle everything.

Your wife is not a party, she can't be garnished.

JPEsq., Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 5106
Experience: Experience as Criminal Defense Attorney and criminal law professor
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