Whatcan I do ifI won a judgement against someone but beforea wage garnishment could begintheyfiled for Chapter 7?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Whatcan I do ifI won a judgement against someone but beforea wage garnishment could begintheyfiled for Chapter 7?
She is declaring bankruptcy due to medical bills. Do I go ahead with the proof of claim filing? She owes me about $1200. I am on disability and I could really use this money.
Asked on May 31, 2011 under Bankruptcy Law, Iowa
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You are in a very tough position. If the debtor lists your judgement on their bankruptcy petition - and I will bet you any amount that they will indeed do so - then they are looking to discharge the debt. This would leave you pretty much high and dry with a worthless peice of paper. I would strongly suggest that you seek to enforce it asap in another way, possibly have the Sheriff levy on personal property to sell to satisfy the debt if you can. Take the judgement to someone to review to let you know if there is anything else that you can do. I would do whatever you need to preserve your claim. Good luck to you.
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.