What to do if I won my case in small claims court but was told that it was a victory on paper only because the other party was going to be filling for bankruptcy?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I won my case in small claims court but was told that it was a victory on paper only because the other party was going to be filling for bankruptcy?
They had not at the time of the decision. How do I know that this is true? How long does this part have to file? This does not seem fair.
Asked on August 27, 2014 under Bankruptcy Law, Wisconsin
Answers:
Anne Brady / Law Office of Anne Brady
Answered 9 years ago | Contributor
They may be waiting for you to attempt to collect on the judgment. But keep in mind that not everyone qualifies to file for bankruptcy. If they do file, take a close look at the filing to see if there are grounds to challenge it as a bad faith filing. It is unlikely that your small claims judgment would be enough to push them over the edge into insolvency. It does not seem fair, but there are cases in which people get out of paying judgments by filing for bankruptcy, but rarely on a small claims judgment.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.