Can I collecton a judgment if the defendants filed for bankruptcy?
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Can I collecton a judgment if the defendants filed for bankruptcy?
My daughter was injured at a plant nursery by a baby zebra that the owners allowed to roam the property. I tried to go through lawyers only to find out they didn’t have insurance to cover the animal. Finally filed a small claims case against them and won. After not being paid in the 30 days I filed the transcript with superior court and have hit a dead end. Now I’m being told they have filed for bankruptcy. My daughter’s case was never heard, just my emotional distress and medical costs. Can I still collect my judgment and if not can I file a new lawsuit?
Asked on November 10, 2010 under Bankruptcy Law, Washington
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am so sorry for your troubles. First, have you gotten anything from the bankruptcy court as to your judgement being listed by the debtors? If you have reduced the verdict to a judgement, properly filed and served it then expect that they will indeed list it in their bankruptcy in an attempt to wipe out the debt. You can not file a new lawsuit for your claims as they have already been heard and decided. You can file one for your daughter but I would wait until after the bankruptcy so that it is not listed. Just make sure that you do not run afoul of the statute of limitations. Good luck.
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