Jefferson, GA Bankruptcy Law Firms & Lawyers

A default judgment is when you didn't answer the complaint. Once there is a judgment by default the creditor can use all collection mechanisms available under state law. Some of the actions are wage garnishment, levy on bank accounts, filing a lien on your property and having the right to call you in to court pursuant to an order of examination asking about all your assets. A judgment like this can be discharged in bankruptcy. Whether you should file bankruptcy requires a consultation with an attorney.

He cannot get out of the debt based solely on age, because if he does not pay the debt before his death, the creditor can then go after assets of his estate to pay off the debt. If he is on a fixed income, and it is near impossible for him to pay off his debt, you may want to consider filing for bankruptcy. However, if he does have a large number of assets and property, the Bankruptcy Trustee can seize these items to pay off the debt that is owed. Your best bet is to consult a bankruptcy or debt attorney how best to proceed, but there mere fact that he is elderly does not preclude him from having to pay off debts.

The family law order as to payment of community debts is enforceable against your ex spouse. You will have to seek a family court order to enforce this. Alternatively, you might want to consider filing bankruptcy. Consult with an attorney in this regard.