Legal Question in Bankruptcy in New Jersey
Bankruptcy/small claims
I am suing someone for $3000. in NJ small claims court. I filed the papers Monday. She just emailed me and told me her lawyer advises her to claim bankruptcy - because she just got divorced and doesn't want to pay her husband's debts. She sent me a check for $500. and in memo line: ''loan repayment''. Should I cash the check? Will I be screwed if she claims bankruptcy before my case goes to small claims? Does one override the other? She has a great job, but I think she pays her husband some kind of alimony. She was the breadwinner.
I am trying to work something out with her about a payment plan, but what if I cancel small claims and then she screws me after the maybe onetime $500. payment? She was my supervisor at the time of the loan.
I need my money!
1 Answer from Attorneys
Re: Bankruptcy/small claims
Get a judgment in Small Claims court. You have nothing to lose but your time.
Stop talking to the defendant. Under the circumstances, it is likely that she will default and you will get something on the record.