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How do you collect a Civil Court judgment if the defendant declared bankruptcy?
Wiki User
∙ 17y ago
If the debt was discharged in bankrupcy, you are permanently barred form attempting to collect the debt.
Wiki User
∙ 17y ago
If the defendant declared bankruptcy, you may need to file a claim with the bankruptcy court to try and recover the debt owed to you. However, your ability to collect on the judgment may be limited depending on the type of bankruptcy and the specific circumstances of the case. It's advisable to seek legal counsel to understand your options and rights in this situation.
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How happens if defendant has no assets?
If the defendant has no assets, they may not be able to pay a monetary judgment against them. In such cases, the plaintiff may not be able to collect on the judgment unless the defendant's financial situation changes in the future.
Is judgment proof legal in Kentucky?
Yes, judgment proof is legal in Kentucky. Judgment proof refers to a situation where a defendant does not have sufficient income or assets to fulfill a court-ordered judgment. In such cases, the court is unable to enforce collection of the judgment against the defendant.
What if the defendant is in a different state Can you file a small claims case then?
Yes, you can file a small claims case against a defendant in a different state but there may be limits on the jurisdiction depending on the state's laws. You may need to file the case in the state where the defendant resides or where the issue occurred if it meets the legal requirements for jurisdiction in that state.
How long can a debt collector collect a debt from a judgment if you have moved to South Carolina?
In South Carolina, a debt collector has 10 years to collect a debt from a judgment. This time frame starts from when the judgment is entered. After the 10-year period, the debt may no longer be enforceable unless it is renewed through legal actions.
Why would a lawyer motion to withdraw as counsel and say that further representation may create the appearance of an impropriety at the least if not an actual conflict of interest for myself?
A lawyer may motion to withdraw as counsel if they feel that continuing representation could compromise their ethical duties or could create a conflict of interest that would hinder their ability to represent the client effectively. By withdrawing, the lawyer is acknowledging that there may be circumstances that could call into question their ability to act in the client's best interests.
How happens if defendant has no assets?
If the defendant has no assets, they may not be able to pay a monetary judgment against them. In such cases, the plaintiff may not be able to collect on the judgment unless the defendant's financial situation changes in the future.
Is judgment proof legal in Kentucky?
Yes, judgment proof is legal in Kentucky. Judgment proof refers to a situation where a defendant does not have sufficient income or assets to fulfill a court-ordered judgment. In such cases, the court is unable to enforce collection of the judgment against the defendant.
Can a judgment be dismissed if you file for bankruptcy?
To get technical, a bankruptcy does not "dismiss" a judgment. However, the end result is the same- a bankruptcy will "discharge" the debtors responsibility to pay the judgment which makes unenforceable - uncollectible. It is against Federal law to try and collect funds that have been discharged in bankruptcy. Prior to the discharge in a bankruptcy, and IMMEDIATELY after the filing of your bankruptcy petition, an "automatic stay" by the court is put in place to freeze all collections actions against you. There are several exceptions which include certain taxes, student loans and fraud.
If you are given a judgment by the court and the defendant disappears what can you do?
Have the judgment recorded with the recorder's office in whatever state and county you are in. It won't help you collect on the judgment, but if that person tries to sell or buy property there will be a lien that will have to be cleared up prior to doing either.
May a finance company charge finance charges after a judgment has been made?
Yes. After a judgment has been made, the defendant(s) have a specific period of time to meet the financial terms of the judgment. If they do not, the plaintiffs may collect a fair interest rate on the judgment until the monies are paid.
What happens if you win a small claims case but the defendant files bankruptcy 1 month later?
If your defendant file bankruptcy and is successful, then you can not collect. Sorry. You went to all that inconvenience for nothing. The only exception is if there was a willful fraud committed by the debtor or they incurred a debt by driving under the influence, or child support and possibly (now) alimony.
How do you collect awards in small claims court?
To collect an award in small claims court, you will typically need to ask the court to enforce the judgment. This usually involves filing additional paperwork to request the court's assistance in collecting your judgment, such as a writ of execution or a garnishment order. You may also have to work with the court to locate the defendant's assets that can be used to satisfy the judgment.
How can you prove that a judgment has been discharged in a bankruptcy?
The answer depends on the context. If you properly listed the debt in your bankruptcy, then the bankruptcy cour will have a proof of service showing that the creditor was notified of both the bankruptcy and the discharge. You can get those documents from the court's file and show them to the creditor or the creditor's attorney. If the creditor insists on attempting to collect the debt, you should retain an attonrey to reopen the bankruptcy and file a lawsuit called an adversary proceeding for damages and sanctions against the creditor and/or the creditor's attorney. One point that many people do not realize is that while a judgment can be discharged in bankruptcy, judgment LIENS are NOT discharged unless you file the proper motion with the bankruptcy court.
Can company officers collect unemployment compensation in Pennsylvania?
Although corporate officer wages are subject to PA UC taxes they may only collect Unemployment compansation benefits in extreme cases, i.e., declared natural disaster, forced bankruptcy.
If I sign an acknowledgement of assignment of judgment am I giving up my right to collect?
If you are the 'creditor' of judgment and you sign for a third party to collect, then YES, your right to collect is given up. Because once that is signed you just signed over your judgment over to the third party, and it is considered THEIR judgment now. BUT you will still get your money judgment from the third party.
How do you collect a judgment in Massachusetts?
You can't really collect a judgment unless you are going to use a collection service. You can also ask the court for a garnishment. Having a judgment does not mean that is automatically collected.
Can my ex-landlord collect unpaid rent during my bankruptcy I no longer live there discharge was July rent due was for June?
Not if you listed your landlord as a creditor on your bankruptcy petition and that there is excess property to pay your landlord after secured creditors and your exemptions. Unpaid rent is an unsecured debt. If a judgment lien is filed, you can avoid it if filed shortly before bankruptcy filing.
