Judgement Rendered

[joe645]

I live in Clark County, Nevada. In 2015, I filed a claim in Small Claims Court against 2 related individuals seeking payment for a debt. The case went to trial and I won a judgement against only 1 as the 2nd defendant had filed Chapter 13 Bankruptcy. I proceeded to get a Judgement Lien against some property the person owned because they had no visible means of support or bank account. I have now been notified that the other defendant's Chapter 13 Bankruptcy has been dismissed. Can I file a motion to reinstate the case against him and therefore file a motion of garnishment?

 

[joe645]

Why No Reply

I live in Clark County, Nevada. In 2015, I filed a claim in Small Claims Court against 2 related individuals seeking payment for a debt. The case went to trial and I won a judgement against only 1 as the 2nd defendant had filed Chapter 13 Bankruptcy. I proceeded to get a Judgement Lien against some property the person owned because they had no visible means of support or bank account. I have now been notified that the other defendant's Chapter 13 Bankruptcy has been dismissed. Can I file a motion to reinstate the case against him and therefore file a motion of garnishment?

I would like to ask anyone on this forum, just why I haven't received any replies from my post. It would seem to me that this is simple law question that should warrant an opinion at least.
Very disappointed in response.

 

[justalayman]

sometimes things slip through the cracks, sometimes nobody has an answer but since the responders are here simply because they want to and are volunteering their time, effort, and knowledge, I'll leave you to be disappointed.

 

[quincy]

I live in Clark County, Nevada. In 2015, I filed a claim in Small Claims Court against 2 related individuals seeking payment for a debt. The case went to trial and I won a judgement against only 1 as the 2nd defendant had filed Chapter 13 Bankruptcy. I proceeded to get a Judgement Lien against some property the person owned because they had no visible means of support or bank account. I have now been notified that the other defendant's Chapter 13 Bankruptcy has been dismissed. Can I file a motion to reinstate the case against him and therefore file a motion of garnishment?

joe645, if I understand you correctly, you had to cease your civil action against defendant number 2 because he filed for bankruptcy. Is this right?

I am not an expert by any means on bankruptcy actions but I believe that you can request of the court that the automatic stay on your civil proceedings against defendant number two be lifted so you can continue with the suit against him - if, in fact, defendant number 2's bankruptcy was dismissed.

I think it would be smart for you to consult with an attorney in Nevada to verify, though. Or you can wait to see who else stops by your thread with information.