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Old 06-08-2000, 04:01 PM
Randy332
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I live in west virginia and have been doing contracting work for the last 3 years.2 years ago I got some material from a supplier and he wanted a check to hold until the job was finished. I never did get the money to cover the check and it bounced. They have since sued me the amount was 11,500.00 I have given them 6,000.00 on this account. They have a judgement against me. Im considering filing bankruptcy but they say if I do they will turn the check in against me. Can they? Also another supplier has filed a mechanics lien against another job where I couldnt pay for materials what will become of this if I file bankruptcy? The owner is the person I was working for and the lien is against her property. I have been ill and in the hospitol and there is no way I could catch all this up if I could work. Please Help!
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Old 06-09-2000, 12:32 AM
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<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by Randy332:
I live in west virginia and have been doing contracting work for the last 3 years.2 years ago I got some material from a supplier and he wanted a check to hold until the job was finished. I never did get the money to cover the check and it bounced. They have since sued me the amount was 11,500.00 I have given them 6,000.00 on this account. They have a judgement against me. Im considering filing bankruptcy but they say if I do they will turn the check in against me. Can they? Also another supplier has filed a mechanics lien against another job where I couldnt pay for materials what will become of this if I file bankruptcy? The owner is the person I was working for and the lien is against her property. I have been ill and in the hospitol and there is no way I could catch all this up if I could work. Please Help!<HR></BLOCKQUOTE>


My response:

You're only way out, as I see it under your facts, is for you to try to get a bank loan, or borrow from friends, family, someone. Get credit card and take out cash advances - - but do something (legal, that is). The holder of the check can, and most probably will, turn the check over to the District Attorney's office for criminal investigation and indictment on felony charges. Insofar as the mechanic's lien is concerned, if you don't get the money to pay the for the materials, and thereby have the lien released, the homeowner will have a huge lawsuit against you - - when they are sued by the materialmen. Be aware, judgments are good for up to 20 years. So, even though you may not have money now, you will eventually - - in the form of bank accounts, or property, or something of value, that can be attached.

The longer you are unable to obtain funds to pay off these debts, and have the lien released, the larger their damages are going to be, against you.

Good luck.

IAAL


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