I won a juggement of X OF $$$ 10 % it been 15 yrs
is there any way to collect if his mom pass on can I collect what owes to me ...
2006-08-11 06:12:01 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
No you may not attempt to collect the debt. Did the Debtor list you as a creditor? If the Debtor is still in bankruptcy, you can file a Proof of Claim attaching a copy of the judgment to the Proof of Claim. You can obtain the form from your local bankruptcy court's website. All bankruptcy cases have a date in which to file a Proof of Claim. You need to check that date. If you have missed the date, you can still file the Proof of Claim, but the claim won't be allowed. If it's a Chapter 7, that's generally a no asset case and you probably will not receive a distribution. In any event, whether he's still in bankruptcy or if it's been discharged, you are prohibited from attempting in any way to collect the debt.
2006-08-12 01:26:33 · answer #1 · answered by legalbeagal250 2 · 0⤊ 0⤋
There is a process you must go through to present a claim against a bankrupt. You probably cannot do it on your own. You need to hire an attorney. If the bankruptcy proceeding is still open, you may be able to include your claim; if he has been discharged by the Court and your claim was not presented, you've lost it. Even under the best of circumstances, you would probably not collect the full amount.
2006-08-11 06:19:44 · answer #2 · answered by MOM KNOWS EVERYTHING 7 · 0⤊ 0⤋
No.
Just a little FYI: even if you won a judgement, lets say something in small claims court. The person you won the judgement against is under absolutely NO obligation to pay you. All the judge has really done is say that person is at fault. Whether or not they actually pay you is still up to the other person.
2006-08-11 06:17:56 · answer #3 · answered by vbplr_12 3 · 0⤊ 1⤋
If the judgment was discharged in the bankruptcy, then no, you cannot try to collect. IF the judgment was NOT included in his bankruptcy petition then you can collect.
2006-08-11 06:29:13 · answer #4 · answered by working mom of 3 4 · 0⤊ 0⤋
In addition to other's advice, each state has a statute of limitations. You need to find out how long your judgment is still valid. 15 years is a long time to have a judgment...you may need to renew it if it's not expired....
2006-08-11 09:24:42 · answer #5 · answered by DMEdwards 2 · 0⤊ 0⤋
If the person files Bankruptcy and listed your debt, its gone.
2006-08-11 06:21:42 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If yours was one of the debts discharged in the bankruptcy, no.
If not, probably not anyway.
2006-08-11 06:24:22 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I don't know....Not sure if I understand your question?!!
2006-08-11 06:18:43 · answer #8 · answered by Anonymous · 0⤊ 1⤋
who what where how ???
2006-08-11 06:14:33 · answer #9 · answered by 'Cause I'm Blonde 5 · 0⤊ 0⤋