How canI recover money owed me from a contractor if that person recently died?

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How canI recover money owed me from a contractor if that person recently died?

Several years ago after losing my house to fire, the contractor ripped me off for over $20K. He was court ordered to repay the money but never did. He recently died. Can I file a claim against his estate for this money?

Asked on November 18, 2011 under Bankruptcy Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have a judgment for $20,000 against the contractor who passed away, you need to file a creditor's claim against his estate regarding the judgment you have. In fact, you should actually file a lien on the presumed probate of the estate based upon the prior judgment.

Interest on an unpaid judgment typically runs at 10% per annum in most states on the unpaid principal. Given the substantial judgment that you have, it is suggested that you consult with an attorney experienced with Wills and trust administration about making a claim as to the deceased contractor' estate.


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