I have been garnishing a person that rented from me, he did 10,000 worth of damage, and did it on purpose. I have the conversation documented, however he filed bankruptcy, and my attorney sent me a statement saying that the court put a stay on the garnishment. Is there anyway I ll be able to recover the remainder of the judgement??? I only received 3 small checks thus far!
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Favorite Answer
You will need to prove that there is a reason to except your judgment from discharge under 11 USC 523. Potentially, your claim may qualify under 523(a)(6). You wil need to file an "adversary proceeding" in the bankruptcy case to do this. You should probably consult with an attorney.
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The fact you have received payment of any type means the judgment is sound and has been accepted by all parties. You could try bringing an extra civil suit to enforce the original judgment, but this would be costly to you, and in any case is unlikely to affect the judgment.
If not too much time has passed you could research a criminal prosecution for wilful destruction of property, but unfortunately this will not help you get your money. My advice is to write regularly to him requesting the money, and in the future it may strengthen your case, should he ever be in the position to afford it.
I should point out that I am not a legal expert, and this is just my opinion based on your open question.
Badge203
He is doing what his attorney told him to do
He added your claim in with the bankruptcy and included you as a creditor and when the bankruptcy is granted you get nothing.
He even has to stop paying you now, so hate to say it but you are out the money he owes you and there is nothing legally you can do about it.
EDIT
This is in response to Paul's answer-It is illegal to contact him regarding the debt once the bankruptcy has been filed. If you do you will find yourself in court and owing him money.
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Your question seems some information is missing in such a way of removing money from this renter. Who authorize you to do this, was it a judge order, then if it is, you may use such lost of such value of the damage into a long depreciation deduction in a straight line of depreciation spreading it in 5 years span in your filing of the T-G-I report at the IRS filings. The renter is showing to you its personality which it uses its 5 sensory quality of its behavior and for this there is nothing you can do at this moment. Your only alternative is to get back such lost, upon which, you may try calling your property insurer if such damage is part of the coverage by vandalism of an irresponsible action of one. Got it?