Are judgments stopped? Must appear in criminal court

[semantic]

What is the name of your state?California,

This is somewhat of a continuation of an earlier post, but a different question.

I am required to appear for a criminal hearing in Massachusetts next week. There are several judgments in that state on me and my former business.

I have listed these judgments in my bk filings.

When I appear for the criminal proceedings, can the authorities jail me for the non-payment of the judgments, even though they are listed on the bk filing?

My concern is that once I show up, the writ of mandamus that was given to the deputy to collect the debt will allow him to arrest me.

As I seek counsel here in California on these issues, I do appreciate the professionals who take the time to read these things and their advice on this advice forum.

 

[SkankCheese]

You can include judgements in your BK filing, as long as they weren't incurred doing a criminal act.
So just like any other inlcuded debt, they can't be collected on.

 

[Ladynred]

can the authorities jail me for the non-payment of the judgments

No, they can't, but they can jail you for not appearing at a mandatory debtor's exam.

Take your bankruptcy petition to court with you. The court can do nothing to collect the debt at this point. They, like any other creditor, would have to have been notified of the BK AND they would have to ask for Relief from teh automatic stay to pursue collection action against you.

However, as stated, debts incurred thru criminal acts are NOT dischargeable. A 'suggestion' of bankruptcy should have been filed by the court, which should hold further court action until the dischargabilty of the debt is determined.

 

[semantic]

LadynRed,

do you mean a suggestion of bankruptcy filed with the court in Massachusetts for the criminal proceeding against me? I am trying to get counsel in Massachusetts as I was told that an attorney in California (where I now live) would not be able to help me.

I did not attend any 'payment reviews' on the judgments, as they call them in MA. This is what they could jail me for?

The judgment for the creditor is the same person who is now pursuing a criminal complaint against me - so the judgment came first, which was filed in small claims court. This creditor is now compelling me to return to MA to stand in court for a criminal proceeding for the debt which was incurred.

So, the debt was on the corporation, the judgment was on me personally, and the criminal complaint is on me personally.

I know I must show up and I am trying to get counsel but this is a problem as the hearing is next week and I just got the notice this Monday. I will bring the bk petition with me. I am not afraid of not being able to have the criminal complaint dismissed - I am certain this will happen, I am afraid of being arrested for non-payment of the judgment, which is why I think the person has filed this complaint against me - to compel me to go back to MA.

Either way, I go - what choice is there?; just wanted to have all info available that I can have.

Thanks for any and all advice.