Whatcan I do ifI won a judgement against someone but beforea wage garnishment could begintheyfiled for Chapter 7?

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Whatcan I do ifI won a judgement against someone but beforea wage garnishment could begintheyfiled for Chapter 7?

She is declaring bankruptcy due to medical bills. Do I go ahead with the proof of claim filing? She owes me about $1200. I am on disability and I could really use this money.

Asked on May 31, 2011 under Bankruptcy Law, Iowa

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are in a very tough position.  If the debtor lists your judgement on their bankruptcy petition - and I will bet you any amount that they will indeed do so - then they are looking to discharge the debt.  This would leave you pretty much high and dry with a worthless peice of paper. I would strongly suggest that you seek to enforce it asap in another way, possibly have the Sheriff levy on personal property to sell to satisfy the debt if you can.  Take the judgement to someone to review to let you know if there is anything else that you can do.  I would do whatever you need to preserve your claim.  Good luck to you.


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