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bobmason22 · Mar 30, 2009, 06:40 PM

I have a neighbor that owes us $1300. We have a signed letter from 1 year ago stating that he will pay us $200 a month till the end of the debt. He has not paid us a dime. We want to sue him in small claims court but he is now saying he is filing for bancrupcy. How is the best metod to get our money from him?? Apply and have him served?? Can we lien the house?? Please help...

Thanks
:mad:

Fr_Chuck · Mar 30, 2009, 06:45 PM

You have to sue him and get a judgement first before you can do anything else,

A lien on the home is hard, depending on where you live, some areas have exemptions for homesteads, but then you did not say where you live.

But first sue, and get your judgement,

If of course he files bankruptcy, you will never see the money. If this is not a secured debt.

Why does he owe you the money ?

bobmason22 · Mar 30, 2009, 07:07 PM

It is for a car he was buying from us. He totaled it a short time later so the car is not around anymore.

So if we file and he goes tits up before we can get him in court we loose our money for the court correct??

JudyKayTee · Mar 31, 2009, 04:04 AM

Yes, you're correct. This is also a legal board, not a message board. Please express yourself in a more adult way.

Was the loan secured by the car? Or is it an unsecured loan? It will change the way Bankruptcy Court looks at the debt.

Fr_Chuck · Mar 31, 2009, 04:15 AM

If it was for a car, then you should have been listed as a lien holder on the title of the car, you will have a copy of the bill of sale and the paper ( NOTE) will state it was for the car.

This will change the way and the amount you can collect at bankruptcy court. You should be able to get the actual value of the car at court.

But yes please try and be specific when giving us more information.