On Monday, I believe I will be awarded a default judgment against an individual for assault and battery.
Can this judgment be dismissed if the individual files for bankruptcy?
My mother's attorney said that a judgment for an assault and battery case cannot be dismissed whereas judgments awarded for other matters may be dismissed.
If you are wondering what happened, three years ago I made the mistake of attempting to break up a fight that was taking place outside my neighbors house. One of the onlookers wasn't happy with me holding people back and hit me with a metal pipe from behind. As I laid unconscious, I was kicked in the face multiple times. My jaw was fractured and I had to undergo multiple surgeries to correctly align it (a titanium plate had to be screwed into my right mandible). The individual basically got a slap-on-the-wrist in the criminal court because his lawyer was able to get him tried as a youthful offender.
Any help would be greatly appreciated.
2007-05-31 12:30:38 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
No, you can't bankrupt an intentional tort. The fact that it's a default judgment does not matter. Therefore, you are not a creditor in the bankruptcy proceedings after you prove you have the judgment. You will probably be in a better position to collect your judgment because most of the other creditors will be gone after the bankruptcy.
2007-05-31 12:49:16 · answer #1 · answered by David M 7 · 2⤊ 2⤋
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RE Can a default judgment awarded for assault & battery be dismissed if the individual files for bankruptcy?
On Monday, I believe I will be awarded a default judgment against an individual for assault and battery.
Can this judgment be dismissed if the individual files for bankruptcy?
My mother's attorney said that a judgment for an assault and battery case cannot be dismissed whereas judgments awarded for other matters may be dismissed.
If you are wondering what happened, three years ago I made the mistake of attempting to break up a fight that was taking place outside my neighbors house. One of the onlookers wasn't happy with me holding people back and hit me with a metal pipe from behind. As I laid unconscious, I was kicked in the face multiple times. My jaw was fractured and I had to undergo multiple surgeries to correctly align it (a titanium plate had to be screwed into my right mandible). The individual basically got a slap-on-the-wrist in the criminal court because his lawyer was able to get him tried as a youthful offender.
Any help would be greatly appreciated.
2014-10-03 09:03:25 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It can't be dismissed, but they might make you wait in line with the other creditors.
Don't get involved in fights. Call the cops and get out of the way. Wading in is the same as participating.
.
2007-05-31 12:37:59 · answer #3 · answered by Kacky 7 · 0⤊ 0⤋
No, the judgement cannot be vacated.
It's too bad you can't just grab the guy, throw him in a gunny sack, and field dress him like a christmas goose out in the woods.
2007-05-31 12:42:08 · answer #4 · answered by Anonymous · 1⤊ 0⤋