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Collecting judgement/Bankruptcy

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Luna Lopez

Guest
State: CA

I was involved in a three car collision. I was rear ended by the second party, who was rear ended by the third party, who was an uninsured motorist. The third party was declared at fault automatically by the police officer. I thought my damages were going to be covered by the second partynsurance, since that was the car that hit me. Their insurance claimed their insured was not at fault based on police report and number of impacts I felt, which was one. I seeked more legal advice after a year lawsuit against the third party insurance company. My lawsuit was closed. I was advised to take the third party to small claims. The judgement was in my favor, however the third party (defendant) appealled. Between the first court hearing and the appealled hearing, the defendant filed bankruptcy. Defendant did not show up to appeal hearing, so judgement still stands in my favor. However, i just found out that he was discharged of dischargeable debts. How can i possibly collect? What are my options? Need help!!! thanks
 


racer72

Senior Member
Were you included in the bankruptcy? If you were you need to take all the paperwork that applies to your judgment, give it a very passionate kiss then toss it in the trash. Because that is all the satifaction you are going to get from it. It is worthless. The bankruptcy court would have notified you if you were a creditor listed in the filing. If you were not included, you can continue your collection efforts authorized by your state.
 

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