I have been sued for restitution

[Guest]

I have been sued and also placed on probation for restitution by the insurance company due to a car wreck. They could not collect all in criminal case so the difference they sued for. So my question is, if I file bankruptcy for the civil case then when I get off probation and there is still an amount of restitution to be paid can they sue again for remaining restitution? Since I believe it is the same company and they can not.

 

[Michael Wechsler]

You can only sue once for a particular claim or dispute. Once the dispute has been adjudicated or decided, the matter is done. Whether your judgment can be discharged in bankruptcy is a whole different matter. Only certain types of debts can be discharged in a Chapter 7 bankruptcy.