Filing Bankruptcy in Florida will dissolve your personal liability for the majority types of Civil Judgments you can receive. However, there are of course exceptions.
What types of Civil Judgments can be Discharged through Bankruptcy?
Whether or not your Civil Judgment will be discharged by filing a Florida Bankruptcy mostly depends on why the Civil Judgment was entered against you. Was the original debt for a credit card, car loan, mortgage, car accident, etc.? Florida Bankruptcy Attorneys mostly see civil judgments entered against clients after a credit card bill has gone unpaid, or the client was evicted from their apartment, and the landlord also received a money judgment against them. Civil Judgments are also frequently entered after a vehicle was repossessed, and the lender sues the client for the difference between the balance of the car loan and what the lender was able to resell the vehicle for. These types of Civil Judgments can most likely be discharged by filing bankruptcy in,Florida, and usually also include debts from medical bills and personal loans.What types of Civil Judgments CAN NOT be Discharged through Bankruptcy?
As stated above, of course, there are exceptions to being able to discharge a Civil Judgment through bankruptcy, and a Florida Bankruptcy Attorney can help you determine whether or not your Civil Judgment will be dischargeable. If your Civil judgment in Florida arose from child support or alimony, criminal fines or taxes, or a student loan, then the Civil Judgment will most likely not be discharged by filing bankruptcy.
Additionally, if a debt arose through fraud, misrepresentation, or false pretenses, then bankruptcy will not provide you any relief from the debt. Likewise, if you owe a debt that is the result of causing an injury or death while driving under the influence or through malicious or willful actions, then the debt is also not dischargeable through bankruptcy.
How can a Creditor Collect A Civil Judgment?
In Florida, once a court grants a creditor a Civil Judgment against you and you fail to satisfy the judgment, then the creditor can go back to court and ask the court to enforce the judgment. A Florida Court can help a creditor enforce a Civil Judgment in a few ways. The most common and best way a Civil Judgment can be enforced by a court is through a Wage Garnishment Order. However, you must receive W-2 income for your wages to be garnished. If you do not have W-2 income, then another way for a Civil Judgment to be enforced is by having your bank account levied through a Writ of Garnishment Order. The third most common way to enforce a Civil Judgment is by recording it in the public records as a lien against your real property. By recording the Civil Judgment as a lien against your Jacksonville Real Property, you will not be able to refinance or sell the real property without first satisfying the Civil Judgment Lien.
If you file a Florida Bankruptcy, then the Wage Garnishment Order will be stopped, and your wages will no longer be garnished. If your bank account was levied, then you might be able to have the funds collected returned to you. However, if your Civil Judgment was recorded in the public records as a lien on your Florida Real Property, then filing bankruptcy will only remove your personal liability for the debt. Filing bankruptcy in Florida will not remove the lien. This means you will still be unable to sell or refinance the real property without first satisfying the Civil Judgment Lien. By first consulting with an experienced Florida Bankruptcy Attorney or Jacksonville Real Estate Attorney you can determine whether the Civil Judgment Lien will be able to remove after you file bankruptcy. In some instances, you may have to wait up to one year after receiving your Bankruptcy Discharge before you will be able to remove the Civil Judgment Lien.
