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  1. #1
    Join Date
    Apr 2008
    Posts
    3

    Default Small Claims Judgement And Bankruptcy

    My question involves bankruptcy in the state of New York.

    I won a small claims judgement worth $3000. Right now, all I know about the debtor is that he has a job, a car worth around 20k used and he is not willing to pay.

    There are no liens on his car, I know this too. And very probably he bought the car after I won the judgement. (He has 20k to spend on a car, but can not find 3k to pay someone he has coned.)

    Normally, as far as I know, I should go for property execution and have his car confiscated to be sold in an auction.

    My question is, Civil Division said the auction generally takes place within a month. I have the means to have his car confiscated tomorrow, but I think this guy is planning to declare bankruptcy.

    I have won the judgement about 4 months ago and I am positive that this guy works with a lawyer for at least 3 weeks now.

    What I wonder is;

    -Does he take the car back if he files bankruptcy between the date his car is taken from him and the date the auction takes place? (If this happens, it is going to cost me an extra $500, spent on the execution process.)

    -Does the judgment in my favor become "worthless" once he files bankruptcy?

    -How long does it take to declare bankrupt? I mean the whole process etc.? Or is it enough for him to have filed a bankruptcy petition to get rid of his debt? Should he wait through the whole process?

    ***

    I am seriously frustrated by this matter, and right now I do not know what to do since I have no idea about how bankruptcy works. Any comment is appreciated.

    Thanks in advance, peace!!

  2. #2
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Small Claims Judgement And Bankruptcy

    Here is a link that will provide an overview of the bankruptcy process:
    http://www.expertlaw.com/library/ban...ankruptcy.html

    It should shed some light on the process for you.

    Whether he files a 7 or 13, your judgement against him must be listed.

  3. #3
    Join Date
    Apr 2008
    Posts
    3

    Default Re: Small Claims Judgement And Bankruptcy

    Thanks a lot for the quick response!!

    Feel free to comment everyone!!

  4. #4
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Small Claims Judgement And Bankruptcy

    Why haven't you tried garnishing his wages?

    More information: NY Collecting a Judgment

  5. #5
    Join Date
    Apr 2008
    Posts
    3

    Default Re: Small Claims Judgement And Bankruptcy

    I did consider that, but I am in the US temporarily, and I am set to leave in about two months.

    I figured something capable of putting so much stress on me while I am here would be even more frustrating when I am gone.

    It is hard to expect that someone will not default on his payments once you hear him say "I am not goingto pay you".

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