Legal Question in Bankruptcy in Florida

Sue someone filing bankruptcy

I evicted my deadbeat tenant from my property, and her dog caused over $3,000 in damage to my home. I plan on suing her in small claims court and know she may be filing bankruptcy. My question, If I sue, her bankruptcy will erase my judgement, correct? Also, If I sue her after she files Ch 7, can I get a judgement? How long after an individual files does the bankruptcy protect them? I will wait if I have to. While I'm asking, what is the statute of limitations for filing a small claims suit in FL? Thanks, --name removed--


Asked on 1/18/02, 11:15 pm

1 Answer from Attorneys
Joel Cohen Joel M. Cohen,P.A.

Re: Sue someone filing bankruptcy

In most cases, it is frustrating to go through the process of suing someone who was a rental tenant, even if they dont file bankruptcy. A bankrptcy filing erases your claim forever. You could get in trouble if you tried to collect after the filing. Best advice: screen tenants carefully, large deposit, noo pets or roomates.

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Answered on 1/19/02, 12:24 am


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