What is the name of your state? Texas
My company ( a small family owned) filed a small claims petition back in May 2002. The Judge over the case ruled in my bosses favor saying the defendants owed them money. There was a lapse of time but a Abstract of Judgment was set to be delivered by a constable on 9/17/2003. We never found out what happened except that we received a fax on 9/23/2003 stating that the now ex-husband of the couple we were suing had filed for bankruptcy. The wife did not file bankruptcy. I called the Constable who was to deliver the Abstract today 5/24/2006 and found out that he did not execute it because of the bankruptcy - is that right? First question, since our small claims was filed for the both of them, does the bankruptcy apply to both of them or just the ex-husband who filed? Second question, could we in turn file another small claims on the wife herself since she did not file for bankruptcy? Third question, even though bankruptcy was filed (Ch. 13) aren't we still entitled to the money? I thought there was to be some type of payment plan according to what I have read.
My company ( a small family owned) filed a small claims petition back in May 2002. The Judge over the case ruled in my bosses favor saying the defendants owed them money. There was a lapse of time but a Abstract of Judgment was set to be delivered by a constable on 9/17/2003. We never found out what happened except that we received a fax on 9/23/2003 stating that the now ex-husband of the couple we were suing had filed for bankruptcy. The wife did not file bankruptcy. I called the Constable who was to deliver the Abstract today 5/24/2006 and found out that he did not execute it because of the bankruptcy - is that right? First question, since our small claims was filed for the both of them, does the bankruptcy apply to both of them or just the ex-husband who filed? Second question, could we in turn file another small claims on the wife herself since she did not file for bankruptcy? Third question, even though bankruptcy was filed (Ch. 13) aren't we still entitled to the money? I thought there was to be some type of payment plan according to what I have read.