small claims

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brock sinkiewicz
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Subject: small claims

Thu Sep 03, 2009 4:50 pm

Can a person be sued in small claims if they have successfuly file bankruptcy? I am the ex husband and won a small claims judgement today for 3000 dollars on debt owed on my CC for breast augmentation sugury for her.

jamjwu142

Joined: 03 Sep 2009
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Posts: 5

170 Magic Points

Thu Sep 03, 2009 5:04 pm

I think that you can still go after the person for the money regardless of if they filed bankruptcy. A new law passed in the US a few years ago making people responsible for all money owed even if filed bankruptcy. Previous to that companies would get up to their ears in debt, bail and then not be responsible. You should try and contact a lawyer and see if you can get her wages garnished.

carol

Joined: 27 Jun 2006
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Posts: 1307
Location: Los Angeles, California

29555 Magic Points

Fri Sep 04, 2009 12:00 pm

Hi brock

Once someone has successfully filed bankruptcy and has included a particular debt in the BK, then there is an automatic stay on it and I'm afraid you cannot sue him/her in the small claims court for the same account. You will have to wait for 6 months after the debt is discharged. Only then can you take any actions against him/her.
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brock sinkiewicz
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Subject: small claims

Sun Sep 13, 2009 7:39 pm

This person did not list me (i.e. the personal debt they owe me) on the list of creditors when they filed........ I have laready had the small claims judgement ruled in my favor so I guess I'm moving forward with collection untill I hit a wall of some sort

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