Legal Question in Credit and Debt Law in Texas

Collecting Small Claims Judgement & Chapter 13 Bankruptcy

After recieving no payment for a Small Claims Court judgement, an Abstract of Judgement was filed.(Defendant owns a motorcycle repair shop and did substanial damage to my Harley motor in anger & the Sm. Claims judgement *$1300 was for part of the *$6500 cost to fix it.) Before filing a Writ of Execution, the County Constable offered to speak with the defendant. Defendant stated he had just filed chapter 13 bankruptcy. The Constable said that protects him from a Writ of Execution. Is he protected forever? Is this just my tough luck? Please help. Thank You


Asked on 5/07/04, 8:06 am

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Collecting Small Claims Judgement & Chapter 13 Bankruptcy

If he has, in fact, filed for protection in bankruptcy (and that's not a given), then all actions to collect on pre-petition debts (debts incurred before filing his petition in bankruptcy) are stayed. If he is discharged in bankruptcy, the stay is permanent. But if he fails to follow the rules, and has his petition dismissed, then he's fair game.

That's something that it pays to check on every three months or so.

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Answered on 5/07/04, 9:53 am


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