Collecting a Judgement

I filed a small claims action in New Jersey against joint defendants, one a corporation and the other an individual. Neither showed up for the hearing and I received a default judgement against both defendants. I know the corporation is out of business and the corporate defendant claims he is bankrupt. However,there is no filing in the US Bankruptcy Court and the defendant will not provide me any proof that he is bankrupt. Meanwhile, I know the individual is solvent and cannot avoid the damage award. Can I just proceed with collections against the individual for the whole judgement amount? The judge did not assign any percent liability, just a joint judgement.

csfarber said:

I filed a small claims action in New Jersey against joint defendants, one a corporation and the other an individual. Neither showed up for the hearing and I received a default judgement against both defendants. I know the corporation is out of business and the corporate defendant claims he is bankrupt. However,there is no filing in the US Bankruptcy Court and the defendant will not provide me any proof that he is bankrupt. Meanwhile, I know the individual is solvent and cannot avoid the damage award. Can I just proceed with collections against the individual for the whole judgement amount? The judge did not assign any percent liability, just a joint judgement.

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My response:

If either of the defendants were truly bankrupt, you would have received a Notice as one of the creditors. Since you didn't, you are free to collect your judgment against either of the defendants.

IAAL