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I am from Tennessee. I have been reading up on some of the bankruptcy forums and would like some help. The situation is as follows:
I had an accident in which my car was damaged around $4000 worth. I took it to a shop in which the man had his business license to repair cars. He wrote me an estimate of $1500 to repair the vehicle. I turned it in along with other shops in my area. My insurance company wrote me a check for around $3500 in which his name as well as mine was on the check. I stupidly signed the check and handed it to him for his materials and time, etc.. In which he was suppose to produce the remainder of the balance. I know this sounds kind of like fraud, but I had no influence on what amount the insurance company cut me. I took the man to small claims court and won over $4000, due to the man messed my car up worse than it already was and it needed to be repaired again. He had 10 days to pay me or I could garnish his property. I waited 10 days and no response, so I signed a writ of garnishment. His property was garnished and held at the local authorities for sale. During this time period he filed Chapter 7 bankruptcy and his property was returned. He listed me on his unsecured creditor list and went through the bankruptcy process. I know that this debt is currently discharged. But, I also know that I can go back after these funds. I have a still pending judgement against this guy and am pretty sure that this type of debt is not dischargeable. Does anyone have any insight as to what I can do to retain these funds. |
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Some questions:
1. What was the value of the property that was garnished? 2. Did your contractor file for bankruptcy before or after your judgement in small claims court? Similarly, when did the filing occur in terms of the judgement? 4. How much did you incur in legal fees while going through small claims court? 5. Was your contractor on your insurance company's list of approved contractors (assuming they have one)? Thanks! Brad |
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