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St Louis Bankruptcy: Can Prior Judgments Against Me Be Discharged?

Yes, they can. Especially if those prior judgements were civil suits filed by an unsecured creditor (like a credit card, medical bill, payday loan, or deficiency on an old apartment lease). All of that kind of debt is knocked out (even if the creditor has gotten a judgement against you in a lower court, and is currently garnishing your wages, or has a freeze on your bank account).


So let’s say that you had a credit card that went long overdue, and the company sued you for breach of contract. They serve you with a summons, a court date is set, you don’t show, and a Default Judgment is rendered on behalf of the creditor. With this judgment in hand, the creditor files a Writ of Execution to your payroll department to begin garnishing your wages. And as a result, they begin deducting a full 25% of your net income (10% if you are able to claim Head-of-Household status).

Then you file a St. Louis Chapter 7 bankruptcy. This debt (along with the rest of your unsecured creditors) is knocked out completely. The attorney representing the creditor is given notification of the bankruptcy filing, and his/her office sends a Release of Garnishment to your payroll department.

There are a couple exceptions to those general rule, however. If, for instance, the judgment against you derives from a fraudulent action on your part, then any debt associated with it will not be discharged. For instance, if you take out a credit card by using someone else’s social security number, and the court decides that you had committed fraud in that act, then the bankruptcy court will not discharge that particular debt.


The affordable St. Louis bankruptcy attorneys at The Bankruptcy Company have been saving and protecting people’s assets for years. Our goal is to make sure that you keep the assets and property you want, discharge the debts that you want to get rid of, and do it all at an affordable cost to you. All phone conversations and office consultations are free of charge.

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