I received a default judgment from the defendant in 2006. The complaint was based on fraud. The defendant filed bankruptcy in 2008. Can I still file a writ of garnishment against him considering that now I know where he works and live? I live in the state of Michigan, wayne county.

Was the Judgment listed on the Bankruptcy Petition and was the debtor discharged in Bankruptcy?

If so, the Judgment is void/null/dead.

As Judy pointed out, if the judgment was listed in the Chapter 7 bankruptcy paperwork you cannot proceed to ever collect from it now as it has been discharged in that proceeding. Sorry, you are too late now to do anything about it.

Under certain circumstances in some states a judgment can become a lien upon property owned by a judgment debtor. If such a lien was perfected prior to the bankruptcy it might be possible to enforce it now.

You should check with an attorney about that.

Also, claims based on fraud are nondischargeable in bankruptcy. So, if you were not listed in the bankruptcy schedules, you may be able to reopen the case and get the claim determined to be non-discharged. Again, ask an attorney in your area.

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Originally Posted by AK lawyer

Under certain circumstances in some states a judgment can become a lien upon property owned by a judgment debtor. If such a lien was perfected prior to the bankruptcy it might be possible to enforce it now.

You should check with an attorney about that.

Also, claims based on fraud are nondischargeable in bankruptcy. So, if you were not listed in the bankruptcy schedules, you may be able to reopen the case and get the claim determined to be non-discharged. Again, ask an attorney in your area.

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OP is in Michigan and I already asked if this debt was listed. Do you have the site for Bankruptcy in Michigan which will be helpful?