Legal Question in Consumer Law in Ohio

Hired a local contractor (new in business, incorporated in State of Ohio) in 1998 to install factory made whole house windows. Refinanced our mortage for the almost $10,000 cost. When the check came to us for the remodeling we signed it and gave it to the contractor for him to order the windows. HE NEVER ORDERED THEM AND KYTED OUR $$$$$). We filed in our Municipal Court for the money to be repaid back to us. When court date cam he sent his wife and she told the judge that that had just spoken with a bankruptcy attorney. Case was rescheduled at a later date and both husband and wife failed to show. We won the case by forfeiture. The civil case never was able to garnish his wages because they lost their house due to sheriff's sale and moved 2 counties away and then out of state. (If they had moved to an adjacent county then the Court could have garnished their wages). Since the bankruptcy was filed in federal bankruptcy court and all was discharged (the question is) CAN WE FILE IN A COURT FOR THE SIGNING OF THE CONTRACT WHERE NO PRODUCT WAS EVER DELIVERED TO US ??? In 2008 I was diagnosed with breast cancer and was discharged from my job and would be blessed to recover this money to pay medical bills. Thank you for your answer.


Asked on 4/22/11, 5:42 pm

1 Answer from Attorneys
Eric Willison Eric Eastman Willison

In Ohio, once a debt is discharged in bankruptcy, you cannot take any further steps to collect upon that debt without running afoul of the bankruptcy court's discharge order. However, you should check how the bankruptcy proceedings unfolded. It sounds like the guy who took the money was guilty of fraud. If you got a default judgment against the guy, and of the of claims for relief was for fraud, then fraud is not dischargeable in bankruptcy.

However, when the bankruptcy was filed, you should have received notice that you needed to file a "proof of claim" in which you could argue that the debt to you should not be dischargeable because it was in the nature of fraud. If no one argued this and the debt was discharged, you may be out of luck.

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Answered on 4/30/11, 6:52 pm


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