How do I collect a judgment against company and individuals?
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How do I collect a judgment against company and individuals?
I filed a small claims case against a company and also listed 2 individuals and won a judgment against them all. I believe the company is owned and operated by the 2 individuals listed in the suit. I was told (though have not officially been notified) that the individuals are planning to file bankruptcy and list me as a creditor. Will I still be able to get my judgment for the company if the individuals file bankruptcy? Also, would going to a collection attorney or agency help me with any of this?
Asked on November 12, 2010 under Bankruptcy Law, Washington
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You need to act quickly with the judgement here. You should seek some help from an attorney that knows how to execute on the judgement by either filing a lien on personal and corporate properties or levy bank accounts before they are cleared out or given up to the trustee in the bankruptcy court. From what you have said here they are going to attempt to wipe out your debt (discharge it) in bankruptcy. Then all your hard work will have been wasted in winning your case. Seems unfair and you should seek help getting what you deserve before it is too late. A collection agency may waste too much time. Good luck.
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