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  1. #1

    Default Debtor Filed Bankruptcy Listing Only My Judgment

    My question involves collection proceedings in the State of: Wv.

    Long story short, I sued my home builder and won. he owes me a very large sum of money. he hasn't paid a dime. He then declared bankruptcy where I was the only debt listed. During the deposition he admitted (under oath of course) to bankruptcy fraud, tax fraud and Social Sec. fraud. Talked to the AUSA office and they stated they would be interested in prosecuting him if we would turn over the transcripts of the deposition. Obviously, Putting him in jail would NOT recover the debt owed to me.

    Can I simply call the debtor and inform him that I intend to turn the transcripts over to the authorities and let them prosecute him if he does not strike some kind of deal to pay me?

  2. #2
    Join Date
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    Default Re: Legal

    so, you want to know if it's ok to blackmail the guy in order for you to collect a debt that was discharged in the bankruptcy, which you are legally barred from attempting to collect?

    well, I think this falls under one of those questions described as; did you really have to ask that question to discover the answer?

  3. #3
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    Default Re: Debtor Filed Bankruptcy Listing Only My Judgment

    During what deposition? Are you stating that he obtained a discharge despite all of this evidence?

  4. #4

    Default Re: Debtor Filed Bankruptcy Listing Only My Judgment

    Opps, sorry, I forgot to explain that his debt was NOT discharged. SO, he still owes me money.

    I really don't want him to go to jail. He will never pay me if he is in jail but at the same time I want him to know that I will have no choice but to turn over the transcripts unless me starts paying he, and soon. I guess my question should be rephrased to state. " How do i let him know That these are my plans???

  5. #5
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    Default Re: Debtor Filed Bankruptcy Listing Only My Judgment

    =ktm rider;500766]Opps, sorry, I forgot to explain that his debt was NOT discharged. SO, he still owes me money.
    Ya, that makes a little bit of a difference.

    I really don't want him to go to jail. He will never pay me if he is in jail but at the same time I want him to know that I will have no choice but to turn over the transcripts unless me starts paying he, and soon. I guess my question should be rephrased to state. " How do i let him know That these are my plans???[
    but you do still want to blackmail him.

    why not just take whatever legal actions are available to you to take the money from him?

  6. #6

    Default Re: Debtor Filed Bankruptcy Listing Only My Judgment

    jk,
    Dude, why the attitude? I simply asked how to proceed with this. geesh! You think I haven't already tried every single legal avenue to collect my money? We are talking about $110,000 So No, I don't want him in jail where he can not pay me, I want him out making money and paying his just debt to me. If that means letting him know I am willing to send him to prison if he does not pay atleast SOME of his debt then that is just fine with me....

    If I were in his shoes I would want to know I was facing prison and that I still had a way not to do so, wouldn't ou??

  7. #7
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    Default Re: Debtor Filed Bankruptcy Listing Only My Judgment

    ktm rider;500806]jk,
    Dude, why the attitude? I simply asked how to proceed with this. geesh!
    well, the first time because it appeared as you were wanting to break multiple laws in an effort to force this person to pay you what he owes you, or actually, didn't owe you anymore. In the second situation, where you stated the debt was not discharged in the BK, it appears you still are willing to break the law in an attempt to get him to pay you your money.




    You think I haven't already tried every single legal avenue to collect my money?
    I have no idea what you have done.

    We are talking about $110,000
    ok. at least it's not $210,000

    So No, I don't want him in jail where he can not pay me, I want him out making money and paying his just debt to me. If that means letting him know I am willing to send him to prison if he does not pay atleast SOME of his debt then that is just fine with me....
    last I checked, there is a real possibility that blackmail is illegal.

    If I were in his shoes I would want to know I was facing prison and that I still had a way not to do so, wouldn't ou??
    I suspect he already knows what he could face.

    but if you are in jail, how does having $110,000 in the bank help you? and then, all the information you are considering threatening him with will come out and if he could still end up in prison and not able to pay you.

    and I know nothing about the guy but what you are suggesting doing has resulted in the deaths of many people that were looking for their money. If he is the type that would do anything to avoid being prosecuted, you might want to reconsider your actions.

  8. #8
    Join Date
    Apr 2007
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    Default Re: Debtor Filed Bankruptcy Listing Only My Judgment

    Quote Quoting ktm rider
    View Post
    You think I haven't already tried every single legal avenue to collect my money?
    What have you done to try to collect the money owed you?

  9. #9

    Default Re: Debtor Filed Bankruptcy Listing Only My Judgment

    Quote Quoting Betty3
    View Post
    What have you done to try to collect the money owed you?
    Everything possible. This is a small town and county in West virginia. The good ol' boy system is STRONGLY in play ....

    Tried to seize his property.The Sheriff who is supposed to seize his property is also his hunting buddy. So, he told him what we were doing and he hid his bulldozers and anything of value. He put EVERYTHING else in his brothers name. Went to the County Commissioners to complain about this sheriffs actions, After an hour with the three commissioners laying out everything we plan to do ( legally) to recover our money It turns out one of these commissioners is also one of this contractors LAWYERS!!!!

    Tried to put a lein on his home, He put that in his sons name yrs ago. Called him to appear before a judge to declare his assets. He didn't show so he was put in jail for failure to appear. Took away his contractors license, he now works under the tablefor his brother ( also a contractor) so, can't garnish his wages either.
    tried to freeze his bank account. His buddy in the clerks office tipped him off and he removed all his cash while we were doing the paperwork.
    Everything listed here was done through the legal system properly.

    SO, We are out of ideas and he is pretty much untouchable. But we can send him to jail...

  10. #10
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    Default Re: Debtor Filed Bankruptcy Listing Only My Judgment

    He put EVERYTHING else in his brothers name
    depending on the specifics, that very likely would not prevent you from seizing the stuff.

    Took away his contractors license, he now works under the tablefor his brother ( also a contractor) so, can't garnish his wages either.
    find some proof. I'm sure the IRS would love to hear about it.

    .The Sheriff who is supposed to seize his property is also his hunting buddy. So, he told him what we were doing and he hid his bulldozers and anything of value.
    so you have an action against the Sheriff. Have you contacted the state AG to investigate this?

    You do still have other legal actions you can take.

    As well, the judgment is good for 20 years. Personnel in government can change a lot in 20 years.

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