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Started By
Message
Small Claims Court
Posted on 8/30/11 at 4:55 pm
Posted on 8/30/11 at 4:55 pm
Will probably make a claim in small claims court in B.R. for unpaid rent, about $3,500.00. I believe it is a $100.00 filing fee and maybe another $300.00 if you get a judgement and have their wages garnished. Question I have is the other party has indicated they may file bankruptcy because of other obligations besides the past due rent, if they do file, will my small claims judgement be dismissed thru the bankruptcy? Can I wait until after the bankruptcy to file my claim?
6
Posted on 8/30/11 at 7:23 pm to CHSBears
I think it depends on if it's 7 or 13. I'd file it yesterday though.
Posted on 8/31/11 at 12:12 pm to CHSBears
quote:
Will probably make a claim in small claims court in B.R. for unpaid rent, about $3,500.00.
Stupid question, but have you already evicted them? If not, evict first, collect second.
Posted on 8/31/11 at 12:46 pm to CHSBears
quote:
the other party has indicated they may file bankruptcy because of other obligations besides the past due rent
1. so what...frick em
2. it will likely cost more to file bk than pay you
Posted on 8/31/11 at 12:47 pm to notslim99
quote:
If not, evict first, collect second.
absolutely...particularly if they are threatening bk. Once they're out, bankruptcy can't get them back in, but if they beat you to the punch, they will be able to stay there for a while
Posted on 8/31/11 at 2:02 pm to CHSBears
quote:
$100.00 filing fee
That seems high. I took a woman to small claims and my filing fee was around 50.
Posted on 8/31/11 at 4:01 pm to Zach
quote:
That seems high. I took a woman to small claims and my filing fee was around 50
maybe in the 1800's zach!
Posted on 8/31/11 at 4:02 pm to RushTigerLimbaugh
quote:
I think it depends on if it's 7 or 13. I'd file it yesterday though.
do they actually have wages to garnish?
Filing fee + service + hassle of going to small claims court
what's the likelihood you'll ever see a dime from all your efforts?
is it time to just cut your losses?
Posted on 8/31/11 at 4:23 pm to TortiousTiger
quote:
maybe in the 1800's zach!
You young whipper snapper! Actually it was in 2007. It was for $1,000 and I won.
It was interesting to watch all the cases ahead of mine. 90% of them were Pay Day Loan companies suing customers for non payment.
Posted on 8/31/11 at 4:32 pm to TortiousTiger
Thanks for the comments. They are out of the house. I do have the employer for both and LA drivers lic#'s and S.S.#'s. I guess it just depends on what type of bankruptcy they file, if they do. Is there somewhere on-line I can check and determine if they file and what type they filed. This would be in B.R.
TIA
TIA
Posted on 8/31/11 at 8:45 pm to CHSBears
file now, evict. If they file BK, well, they will probably list you as a creditor even if you don't file.
Posted on 8/31/11 at 8:49 pm to CHSBears
quote:small claims court limit is $3000.
small claims court in B.R. for unpaid rent, about $3,500.00
Posted on 9/1/11 at 8:33 am to jlsutiger
I know B.R. small claims is $3,000.00 and use that amount as past due rent. Tenants are out of house and issue now is they have implied they may file for bankruptcy. If I am listed as a creditor I should then be notified of a hearing date for all creditors. I am almost wishing to not be listed as a creditor and after discharge/liquidation then file a suit for 3k in small claims. A big question I have is if I am not listed as a creditor is there somewhere on the interweb that I can look to see if they did file? Thanks for the help guys.
ps, I have five attorneys in the family only one of which still practices and they all live in the hinterland (CO, UT, VA). They have helped by e-mail.
ps, I have five attorneys in the family only one of which still practices and they all live in the hinterland (CO, UT, VA). They have helped by e-mail.
Posted on 9/1/11 at 10:06 am to CHSBears
quote:
I am almost wishing to not be listed as a creditor and after discharge/liquidation then file a suit for 3k in small claims.
you and every other creditor ever involved in a bankruptcy proceeding.
quote:
A big question I have is if I am not listed as a creditor is there somewhere on the interweb that I can look to see if they did file?
ask your attorney relatives if they have a Pacer account. Don't know how common Pacer is outside of LA, but they should be able to look it up on there.
Posted on 9/1/11 at 10:15 am to TortiousTiger
quote:
I am almost wishing to not be listed as a creditor and after discharge/liquidation then file a suit for 3k in small claims.
you and every other creditor ever involved in a bankruptcy proceeding.
Yeah the odds of this are low.
quote:
ask your attorney relatives if they have a Pacer account. Don't know how common Pacer is outside of LA, but they should be able to look it up on there.
Hell you don't have to be an attorney. Anyone can sign up for pacer and the first x pages of download are free. there's a link on the right side of this page: LINK /
Posted on 9/2/11 at 11:13 am to Cold Cous Cous
By the time you execute and collect on this judgment, you will be sorry you ever started the process. Cut your losses and move on. There are too many issues impeding your eventual collection of $3,500.00.
Also, your relatives are probably tired of dealing with the issue too!
Also, your relatives are probably tired of dealing with the issue too!
Posted on 9/2/11 at 2:32 pm to Motorboat
as a landlord I can tell you this is going to be a huge waste of your time. Be glad they are out of the house and you can rent it again.
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