When Does a Bankruptcy Discharge Prevent Enforcement of a Judgment

[Dogmatique]

That's just WRONG.

Absolutely - he needs to get on this.

Some flamin' people.

[bob7614]

FYI for everyone (OP, I responded to you via inbox).

There was no other BK filed for this guy. He fabricated the story. OP needs to go back into court, issue some writs and start snatching assets. Pronto.

Since we didn't get to the OEX, we have no bank account numbers or other assets (other than Real estate and we filed Abstracts on those) that we wanted to find out about to execute writs on. The court really tied my hands when they let him walk with no proof of BK and not letting the OEX go forward.
Do you think i should do a court order and answer letting the court know that there is no new bankruptcy and that the debtor actually perjured himself? Might get a bench warrant?

[CourtClerk]

Since we didn't get to the OEX, we have no bank account numbers or other assets (other than Real estate and we filed Abstracts on those) that we wanted to find out about to execute writs on. The court really tied my hands when they let him walk with no proof of BK and not letting the OEX go forward.
Do you think i should do a court order and answer letting the court know that there is no new bankruptcy and that the debtor actually perjured himself? Might get a bench warrant?

Everyone perjures themselves in court. No one cares. I used to call it liars court.

File another OEX and the next time he gets ready to say he's filed Bk, let the court know that he's used that story before and you've searched PACER and there is no current BK. If you file a court order and answer, you give him the opportunity to gather his thoughts and respond on paper (or head on down to BK court and file). Put him in front of a judge and have him put the answers on the record. Bring paper and pens because you're probably going to need to file docs immediately. You're also going to need to bring proof that there is no current, pending BK case for him.

[bob7614]

This debtor has filed multiple order and answers with the court and I have never received one copy of the order and answer from the court or the debtor. Fortunately they have all been denied, none for non proof of service. Still don't know what they were about.
The court did reset the OEX two months into the future (july) to give him time to prove his BK. Definitely will take proof from Pacer (I did register with Pacer), at the next OEX.
Still amazed that the court stopped the OEX from happening with no proof of BK!! "Liars Court" is right, unfortunately.

Thanks for all your help CourtClerk & Dogmatique!! If you have any future advise I would be happy to hear it.

[bob7614]

Do not agree with the decision by whoever changed the title of post since this is not dealing with a bankruptcy discharge, since that was a false claim by the defendant in this case.

Update:

Defendant has missed 2 court dates since I last posted to this thread. I attended both.

First missed court date was for a time payment motion requested by the defendant. I was able to show the court that the defendant has NO current BK and that I am not listed as a creditor and submitted Pacer documents to prove such. Defendants Motion was denied.

Second missed court date by the defendant was for the follow up OEX. Court issued a bench warrant for the defendant. "BENCH
WARRANT ORDERED ISSUED IN SUM OF $15,000.00 FORTHWITH."

I have 3 questions:

1. Do I have to submit a request and pay the Los Angeles County Sheriff"s Department to issue the bench warrant? I have read on the LA County Dept of Consumer Affairs that I do, but can find no forms to do so on the LASC website or the LASD website. The court has signed the bench warrant.

http://dca.lacounty.gov/wps/portal/d...debtor+hearing


2. Can the bail money be applied to settle the judgement amount? It is a little less than double the amount of the judgment ?

3. How long before this warrant will be seen by law enforcement once signed by the court?

[Dogmatique]

Please hold for a sec - I'm sending a note to CC

- - - Updated - - -

CC will pop in when she can - most likely tomorrow or Sunday.

But hang tight

[CourtClerk]

1. Do I have to submit a request and pay the Los Angeles County Sheriff"s Department to issue the bench warrant?

Yes

I have read on the LA County Dept of Consumer Affairs that I do, but can find no forms to do so on the LASC website or the LASD website. The court has signed the bench warrant.

The sheriff has the form. It's basically their service instructions with some additional information required

2. Can the bail money be applied to settle the judgement amount? It is a little less than double the amount of the judgment ?

There will be no bail paid if they're arrested actually. $15k is under the amount required to have them required to be posted. They'll be cited out (issued a ticket and then told to appear in court). Sometimes *sometimes* a person will bring a bail bondsman with them and depending on the officer, they may tell them not to post. Some will allow them to, but in that case, no, the money won't be applied to the judgment because they don't post the entire amount.

3. How long before this warrant will be seen by law enforcement once signed by the court?

It'll be seen once you pay the fees and have it processed.

This is a scare tactic to get them into court. It generally works because no one likes to hear the word warrant.