What is the name of your state?CA
We filed Chpt 7 BK on Oct 14, 2005. On November 2, a creditor (listed on bk) filed a criminal complaint regarding the debt in Massachusetts district court (stolen company check - after we left the state). He honored the check for the creep that stole it, $2500.
On Dec. 7, 2005, creditor wrote us a letter stating that he filed a criminal complaint, but would drop case if we paid the debt. I have the letter.
Case went to magistrate in MA twice, we had counsel represent us (with our proof of bank account ownership - he is going after me but account was owned by wife, proof of corporation ownership (wife), and affidavit of signature (mine). BK filing is joint, creditor is going after me only, but when we contacted him yesterday, he threatened to file against my wife next. He told the magistrate and our lawyer that he filed a criminal complaint because he received the bk petition. We can get depositions if necessary.
We have spent $750 so far on counsel in MA, money, that really, is under custody of the bk trustee since case hasn't been discharged yet. Creditor (complaintant) told magistrate that despite proof of everything, he wanted to proceed to trial. State will basically not be able to prove that I wrote the check (creditor is alleging this, but as I said, not my account, not my business, I am not a signor, not my signature, account was closed anyway when he honored the check, corporation was legally dissolved, and we had already left the state. We thought all checks had been shredded, but during the move and close some bad stuff was apparently going on in anticipation of our leaving.
On BK forum, we were advised to file Motion for Contempt, which we are. We were told on criminal forum that the guy couldn't drop the case if he wanted to, because it's in prosecutors hands now.
Can I sue him in small claims court for FCRA violation, for going after us this way after we filed the bk and he knew about it? Can anyone point me to a resource for this?
What about civil litigation? Slander, libel?
Since this guy has been such a p***k, I really fell like making him come to MY state and defending himself.
Do I have any standing here?
Thanks.
We filed Chpt 7 BK on Oct 14, 2005. On November 2, a creditor (listed on bk) filed a criminal complaint regarding the debt in Massachusetts district court (stolen company check - after we left the state). He honored the check for the creep that stole it, $2500.
On Dec. 7, 2005, creditor wrote us a letter stating that he filed a criminal complaint, but would drop case if we paid the debt. I have the letter.
Case went to magistrate in MA twice, we had counsel represent us (with our proof of bank account ownership - he is going after me but account was owned by wife, proof of corporation ownership (wife), and affidavit of signature (mine). BK filing is joint, creditor is going after me only, but when we contacted him yesterday, he threatened to file against my wife next. He told the magistrate and our lawyer that he filed a criminal complaint because he received the bk petition. We can get depositions if necessary.
We have spent $750 so far on counsel in MA, money, that really, is under custody of the bk trustee since case hasn't been discharged yet. Creditor (complaintant) told magistrate that despite proof of everything, he wanted to proceed to trial. State will basically not be able to prove that I wrote the check (creditor is alleging this, but as I said, not my account, not my business, I am not a signor, not my signature, account was closed anyway when he honored the check, corporation was legally dissolved, and we had already left the state. We thought all checks had been shredded, but during the move and close some bad stuff was apparently going on in anticipation of our leaving.
On BK forum, we were advised to file Motion for Contempt, which we are. We were told on criminal forum that the guy couldn't drop the case if he wanted to, because it's in prosecutors hands now.
Can I sue him in small claims court for FCRA violation, for going after us this way after we filed the bk and he knew about it? Can anyone point me to a resource for this?
What about civil litigation? Slander, libel?
Since this guy has been such a p***k, I really fell like making him come to MY state and defending himself.
Do I have any standing here?
Thanks.