debtor threatning to file bankruptcy after i won in sm. claims

[bdruff]

What is the name of your state (only U.S. law)California

I won a small judgement ($995) and the debtor is threatning to file bankruptcy. He hasn't filed yet. Can I attempt to attatch his wages? Bank accounts? Property? When do I have to stop attempting to collect if he does file? Will it cost me money to file the forms with the court? I don't know if its worth the trouble or money if he is going to file in the next few weeks. How long, approximately, does it take to start receiving money from his employer or bank accounts after I file?

thanks for the info

 

[CourtClerk]

If he files for bankruptcy, then the judgment is stayed until Federal Court makes a decision on the matter. If the bankruptcy is discharged, take the judgment and throw it away.

 

[racer72]

You can exercise all avenues of collection till the person files bankruptcy. The only problem for this person, there is no way any bankruptcy court will accept a BK filing over a $995 debt, in fact, it will cost more than that to file bankruptcy. The debtor is blowing smoke, nothing more.

 

[Zigner]

You can exercise all avenues of collection till the person files bankruptcy. The only problem for this person, there is no way any bankruptcy court will accept a BK filing over a $995 debt, in fact, it will cost more than that to file bankruptcy. The debtor is blowing smoke, nothing more.

Unless this judgment is the proverbial straw that broke the camel's back...

 

[Texas Pooh]

If you do go forward (and I would, as I suspect the judgment debtor is simply trying to scare you off), be sure and put any money you collect aside and don't spend it for a while (ninety days after each payment you collect).

If the judgment debtor does file bankruptcy, you are going to have to pay any money you collected back to the trustee as a preferential transfer.