i am hoping that i didnt waste my time going to court. Can anyone help?
2006-07-05 05:45:50 · 9 answers · asked by Brenda G 1 in Business & Finance ➔ Renting & Real Estate
The bankruptcy laws have changed drastically because of people like her and people who rack up hundreds of thousands of CC bills and don't want to, or can't pay for them. I would ask your attny what they will mean for you, but you really have to wait until the bankruptcy is completed to really know what you will get, if anything. That's terrible for you! I hope you get every penny and your previous tenant isn't awarded bankruptcy!!!
2006-07-05 05:51:03 · answer #1 · answered by FaerieWhings 7 · 0⤊ 0⤋
Fact is, being awarded a judgment is not payment or even a requirement to pay. This person was obviously broke when you sued or they would've been paying their rent to begin with.
You might have done better getting a secondary agreement from them requiring that they pay small amounts on the back rent as they paid current rent simultaneously. In this way, they would still have their place to live, you'd still be collecting rent plus back rent and you'd have saved the money of going to court.
You can file a motion to garnish their wages -- assuming she has any, but even then, all she needs to do is show that her wages are used exclusively for her immediate upkeep. Even if you get her wages garnished, she can still limit her payments to only $5.00 a month.
It is difficult to truly "win" when you are the richer person seeking to get money from the poorer person. Sometimes it is better to simply try working with them, rather than suing them.
However, if it was justice or vengence you were after, you got it, because that eviction will totally crush her credit for the next 7-10 years and you can be sure that you will be causing her great pain long after you've forgotten her, very possibly making it impossible for her to get certain jobs, buy a car, get certain health insurance plans -- all sorts of things just because she couldn't pay rent for a short time.
Daniel
iPowerGRFX Tampa Website Designers
http://www.ipowergrfx.com
http://www.publicadjuster.com
2006-07-05 13:01:32 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Your best bet is to fill out whatever paperwork you need to and show up for her hearing. If you say or do nothing, you may've just wasted all your effort. Besides, just because she files for Chapter 7 doesn't mean she'll get it. If she's working and earns enough money, the court can convert her case to a Chapter 13 and force her to make payments for 5 years.
2006-07-05 12:51:54 · answer #3 · answered by erika_fekas 2 · 0⤊ 0⤋
If you took her to civil court, she has a right to file ch 7 on the debt. If the judge found her criminally at fault that would be a different claim. Contact your civil court clerk and they can advise you w/out you spending additional money.
2006-07-11 22:22:09 · answer #4 · answered by K B 2 · 0⤊ 0⤋
You are probably screwed, but just in case there is some money to be had, make sure you are listed as a creditor who is owed money from her. You have to file your claim and then wait and see if she has anything left. For the record, Government and banks will take what they are owed first!!!!
2006-07-05 12:50:16 · answer #5 · answered by daiunus 2 · 0⤊ 0⤋
If you have already recieved the judgement she cannot include that in the bankruptcy. She has to pay it, but you have to stand in line as one of her creditors in the bankruptcy court. Have the court make you one of her creditors. You will get pennies on the dollar.
2006-07-05 12:50:18 · answer #6 · answered by stick man 6 · 0⤊ 0⤋
Talk to an attorney familiar with bankruptcy proceedings.
2006-07-05 12:49:00 · answer #7 · answered by Anonymous 20-Something 3 · 0⤊ 0⤋
GENERALLY,chapter 7 doesn't "cover" rent and utilities,nor real estate.Contact me for more details
2006-07-05 12:50:48 · answer #8 · answered by Anonymous · 0⤊ 0⤋
You lose!
2006-07-05 12:48:14 · answer #9 · answered by Anonymous · 0⤊ 0⤋